Personal Injury Frequently Asked Questions
What should I do first after a vehicle accident?
Check for injuries and immediate hazards, and call 911 if anyone may be hurt or emergency assistance is needed. Follow responders’ instructions and seek appropriate medical care. If it is safe, photograph the scene and exchange information. Do not put yourself in traffic to collect evidence. Keep the crash report number so you or our office can request the report later; the report is a starting point for an investigation, not a final ruling on civil responsibility.
Should I move my vehicle before officers arrive?
For a crash involving only property damage, Florida law requires reasonable efforts to move a damaged vehicle that obstructs traffic. Move it only if you can do so safely, and remain at the scene to meet your reporting and information exchange obligations. If someone is injured, the vehicle is unsafe to operate, or you are unsure what to do, follow the dispatcher’s or responding officer’s instructions. Take photographs first only when that will not expose anyone to danger or delay needed help.
What information should I exchange with the other driver?
When it is safe, exchange names, contact details, vehicle registration information, and insurance information. Record license plate numbers and the vehicles involved, and provide any information law enforcement requires. If your injuries prevent you from gathering details, concentrate on getting help. Our office can review the crash report and other available records rather than expecting you to investigate the collision yourself.
How should I handle a witness who saw the accident?
Ask for the person’s name, phone number, and email address, and let the responding officer know there is a witness. Make a brief note of what the person says they observed without suggesting an explanation or asking them to agree with your account. Our attorneys can follow up to learn where the witness was positioned and what they actually saw or heard.
Which insurance company should I notify after a crash?
Report the accident to your own insurer promptly and follow the notice requirements in your policy. Keep claim numbers and copies of communications. A claim with the other driver’s insurer may also be appropriate, but the two insurers can have different roles and coverage obligations. Contact Goldberg Noone if you are unsure what information is required, especially before signing a release or accepting payment intended to resolve an injury claim.
Am I required to give an insurer a recorded statement?
The answer depends on who is requesting it and the terms of any applicable policy. Your own insurer may have contractual rights to your cooperation; a request from another driver’s insurer is different. Ask who the adjuster represents, why the statement is needed, and whether a deadline applies. Our attorneys can review the request with you. Do not ignore policy obligations, guess at facts, or minimize symptoms you have not yet had evaluated.
Can a traffic citation affect my injury claim?
A citation deserves prompt attention, but it does not automatically settle every issue of fault in a civil case. Keep the ticket, note its response deadline, and discuss it with an attorney before deciding how to respond. The significance of a plea, court finding, or criminal charge depends on the circumstances. Let our office know about any related proceedings so we can evaluate their potential effect on the injury claim.
What are my options if the other driver is uninsured?
We review your policies and the circumstances to identify possible sources of payment. Uninsured or underinsured motorist coverage may apply to bodily injuries, while collision coverage may address damage to your vehicle, subject to its terms and deductible. Other responsible parties may also need investigation. A lawsuit against an uninsured driver is not a guarantee of payment, so collectability matters when considering that option.
How soon should I have my injuries evaluated?
Seek appropriate care promptly, particularly if you notice pain, confusion, dizziness, or other concerning symptoms. Your health comes first. For Florida PIP medical benefits, qualifying initial care generally must occur within 14 days of the crash. Medical benefit limits also depend on whether an authorized provider determines that an emergency medical condition exists. Missing a PIP requirement does not by itself answer whether another injury claim is available.
Will reporting an accident increase my insurance premium?
An increase is not automatic. Florida restricts accident-based surcharges and certain nonrenewals when the insurer lacks a good-faith basis to find you substantially at fault. That protection is not a promise that your total premium can never change for other lawful reasons. Ask the insurer for the basis of a change and keep the notice. Our office can help identify whether the issue concerns fault, coverage, or a separate policy matter.
Can I still contact an attorney if my accident happened over a year ago?
Yes. A year passing does not automatically end every claim, but it is important to have the dates reviewed promptly. The deadline depends on the legal basis of the claim, when it accrued, and any applicable exceptions or notice requirements. Bring prior insurance correspondence and any documents you signed. Do not rely on older online statements that every Florida injury case has a four-year deadline.
How do I decide whether I need a personal injury lawyer?
Legal guidance can be especially useful when injuries are serious, responsibility is disputed, several insurance policies may apply, or an insurer asks you to sign a settlement release. Not every incident requires representation. During a free consultation, Goldberg Noone can discuss the available information, identify questions that need investigation, and explain whether our involvement would be appropriate.
What will Goldberg Noone do if the firm accepts my case?
The work depends on the facts. It may include gathering incident records, interviewing witnesses, reviewing insurance, documenting medical treatment and earnings, and consulting qualified professionals where needed. Our attorneys evaluate potential claims, communicate with the appropriate parties, and advise you about settlement proposals or litigation. We also explain what information we need from you as the case develops.
What should I know about working with Goldberg Noone?
Our Fort Myers and Cape Coral offices represent injured people and families throughout Southwest Florida. We take time to understand the circumstances of the incident and the concerns it has created at home and at work. Your consultation is an opportunity to ask about the attorney’s role, communication, fees, and how a potential claim would be evaluated. Representation begins only after the firm agrees to accept the matter.
When might my personal injury case settle?
There is no dependable settlement date at the beginning of a case. The medical outlook, available evidence, insurance coverage, and the parties’ positions all affect timing. Some matters resolve through negotiation; others require a lawsuit. Our attorneys can explain what remains unresolved and the risks of settling before future needs are sufficiently understood. The decision whether to accept a settlement belongs to you.
Why can an injury claim take longer than expected?
A delay may involve obtaining records, clarifying a prognosis, investigating disputed facts, or resolving coverage questions. Litigation can add discovery, expert review, mediation, and court scheduling. Our office can explain the issues affecting your case rather than attributing every delay to one cause. A longer process does not necessarily mean a larger recovery, and a quick offer does not establish a claim’s full value.
How long do I have to file a Florida personal injury lawsuit?
Many Florida negligence claims are subject to a two-year filing period. The applicable rule depends on when the claim accrued, the type of case, and other circumstances; older claims and claims based on different legal theories may be governed differently. A statute of limitations generally concerns filing suit, not completing settlement negotiations. Contact our office promptly because an insurance claim or ongoing negotiations generally do not stop the filing clock.
Why is my own insurance involved when another driver caused the crash?
Florida’s no fault system allows applicable personal injury protection coverage to pay certain benefits without first deciding who caused the collision. PIP generally pays 80% of covered medical expenses and 60% of qualifying lost income within statutory and policy limits. It does not pay every bill or compensate for pain and suffering. Our attorneys review PIP alongside potential claims against responsible parties and other available coverage.
What does a contingency fee mean for my case?
A contingency fee bases the attorney’s payment on a recovery rather than charging you an hourly fee for the injury claim. The written agreement explains the percentage, how expenses are handled, and what happens if there is no recovery. Case costs are separate from attorney fees and may remain your responsibility unless the agreement states otherwise. Our office will review those terms with you before you decide whether to hire us.
Is there a charge for the initial consultation?
No. Goldberg Noone offers a free initial consultation to discuss a potential personal injury or wrongful death matter. You can explain what happened, ask questions, and learn what additional information may be useful. A consultation does not require you to hire the firm, and contacting us alone does not mean we have accepted responsibility for a filing deadline.
What should I bring to my first appointment?
Bring whatever you already have: an incident or crash report number, photographs, insurance details, medical bills, correspondence, and a basic timeline. Information about missed work and earlier injuries affecting the same area can also help. An incomplete file should not prevent you from contacting us. Avoid sending sensitive records through a general website form; our team can explain how to provide them.
Can I pursue compensation if I share some responsibility?
Possibly. Under Florida’s current comparative fault rule, your share of responsibility can reduce recovery. In negligence actions subject to the rule, a person found more than 50% responsible for their own harm cannot recover damages. Exceptions and applicability issues exist, including different treatment of medical negligence. An insurer’s assertion that you were partly at fault is not a final legal determination; the evidence needs review.
What if the accident aggravated an existing injury?
An earlier medical condition does not automatically prevent a claim for additional harm caused by a new incident. Medical records before and after the event can help distinguish your prior condition from an aggravation or new injury. Be candid with your treating providers and our attorneys about earlier symptoms and treatment. A claim must be supported by evidence connecting the additional harm to the incident.
How do you evaluate the value of an injury claim?
We examine the evidence of responsibility, the injuries, treatment expenses, missed earnings, future limitations, and any legally recoverable personal losses. Coverage and the ability to collect a judgment also matter. There is no reliable universal multiplier or online formula. A meaningful evaluation develops as the evidence becomes clearer, and no attorney can promise a particular settlement or verdict.
Should I accept an early settlement offer?
Before accepting, understand which claims and parties the release covers and whether future treatment or other losses remain uncertain. An offer may address property damage, bodily injury, or both, so the paperwork matters. Our attorneys can review the proposal and explain the practical consequences. Once a valid release resolves a claim, later expenses may not allow you to reopen it.
Will I have to attend court?
Not every claim requires a trial. Negotiations or mediation may resolve a dispute, although a lawsuit sometimes becomes necessary to pursue the claim or protect a deadline. If litigation proceeds, you may need to participate in discovery, a deposition, or court proceedings. Our office will explain what your involvement requires and help you prepare for each step.
What happens to unpaid medical bills when a case resolves?
A settlement does not automatically eliminate outstanding medical bills or repayment claims from insurers or benefit programs. Our attorneys review known balances and applicable liens or reimbursement rights when preparing for distribution. In some cases, a provider may offer treatment under a letter of protection, but that arrangement is not free care and its terms matter. Reductions may be explored where appropriate, but they cannot be promised.
Can my family bring a claim after a fatal accident?
A wrongful death claim may be available when another party’s legally actionable conduct causes a death. In Florida, the estate’s personal representative brings the action for eligible survivors and the estate. Recoverable losses depend on the family relationships and facts. Wrongful death claims generally have a two-year filing period, subject to exceptions, so our attorneys should review the dates and circumstances promptly.
What evidence should I preserve while my claim is being reviewed?
Keep original photographs, videos, messages, receipts, and relevant paperwork. Retain damaged equipment or other physical evidence when safe and practical, and discuss repairs or disposal with your attorney. Note where nearby cameras may have recorded the incident so preservation can be considered before footage is overwritten. Do not edit recordings, delete relevant communications, or ask witnesses to change their accounts.
Can social media posts affect an injury claim?
Posts, comments, photographs, and messages can become relevant to a dispute about injuries or daily activities. Privacy settings do not necessarily prevent lawful disclosure. Avoid discussing the claim publicly, and speak with your attorney about how to handle existing material. Preserve relevant content rather than deleting or changing it after an incident.
Do you handle injuries that did not involve a car crash?
Yes. Our office evaluates matters involving unsafe property conditions, dog bites, boating incidents, serious injuries, and other circumstances within the firm’s practice areas. The duties, evidence, insurance, and deadlines can differ substantially from a motor vehicle claim. Tell us where and how the injury happened so we can identify the questions relevant to your situation.
Can you help if I live outside Southwest Florida?
If you were injured while visiting the area, contact our office to discuss the incident. Where you live does not alone determine where a claim belongs or which law applies. Our attorneys can review the location, parties, and practical arrangements for communication. Whether we can represent you depends on the matter and the firm’s evaluation.
Have a question we haven’t answered? Contact our office to discuss your situation with an attorney.