Frequently Asked Questions: Personal Injury

After an accident, who pays for the repairs to my car?

Ultimately, the person found at fault will pay for the repairs. Often, the quickest way to have the car repaired after a car accident is through the car owner’s own insurance. Regardless of fault, the owner’s insurance has to pay for repairs so there should not be a delay caused by investigators. The owner’s insurer will contact the mechanic or the owner can drive his car to the insurer’s office for an appraisal of the damage. Large insurance companies often have inspection locations for obtaining quick repair estimates. The owner’s insurance is called collision coverage and may include a $500 or $1,000 deductible which often obligates the car owner to pay that amount of the repairs. The deductible will likely be recovered later on from the person at fault or that person’s insurer.

The insurer for the person at fault may be slower in paying for the repairs because it has to investigate the claim, wait for a police report and contact its insured. The upside is that the ‘at fault’ insurer will often pay for a rental car or loss of use of your car, and there is no deductible. Many insurers now process repair bills very quickly.

In most instances, check with both insurers after an accident and have the mechanic paid by the insurer who is able to pay first. Then, make sure that you collect your deductible or car rental bill from the insurer at fault.

If you have been in a car accident, contact the Fort Lauderdale auto accident lawyers of Fazio, DiSalvo, Cannon, Abers, Podrecca, Fazio & Carroll, Attorneys at Law.

What happens if a wrongful death occurs? What kind of relief can be sought?

Potential damages in wrongful death cases include medical, hospital, funeral, and burial expenses; pain and suffering damages; and damages for loss of financial and emotional support, services, wages, and other benefits to the family members of the deceased. In calculating damages, courts consider various factors such as age, salary, life expectancy, nature of work, and the physical and mental health of the decease. Punitive damages may also be awarded if the defendant’s act was reckless or intentional.

The Fort Lauderdale personal injury lawyers of Fazio, DiSalvo, Cannon, Abers, Podrecca, Fazio & Carroll, Attorneys at Law, understands that plaintiffs in wrongful death lawsuits deserve special care and treatment. The Firm will strive to ease your burdens by handling all of the details of your lawsuit and securing financial compensation for your future.

What if I slipped and fell because of a slippery substance or other unsafe condition in a store, place of business, or on another piece of property?

The property owner may be responsible for your damages under the theory of premises liability. Broken sidewalks, steps without warning, torn or loose carpeting, manholes, change of levels with no caution, and uneven ground can lead to slip and fall litigation. Although property owners have to take reasonable care to avoid a trip and fall, the injured person may be at least partly at fault. In that case, courts generally apply comparative negligence principles to determine which party was more at fault.

If you have been injured in a slip and fall accident, let the Fort Lauderdale slip and fall attorneys of Fazio, DiSalvo, Cannon, Abers, Podrecca, Fazio & Carroll, Attorneys at Law, take care of all of the details and work to ensure that you are compensated for any negligence of the property owner. Contact us for a free consultation and to discover why we have so many satisfied clients.

What is medical negligence? What are the kinds of relief can I expect from the medical provider, especially if it is a large entity?

Medical negligence or malpractice occurs when a medical practitioner or health care provider fails to exercise the degree of care expected of a person of ordinary prudence in protecting a patient from risk of harm. A plaintiff must establish, by a preponderance of the evidence, that the defendant had a duty to the patient, that such duty was breached by failing to conform to the required standard of conduct, and that the negligent conduct caused the harm to the patient.

Expert witnesses must be obtained to establish the wrongfulness of a medical practitioner’s negligence. In addition, the recent trend to reform tort litigation has resulted in several procedural hurdles and damage caps in malpractice cases. Fazio, DiSalvo, Cannon, Abers, Podrecca, Fazio & Carroll, Attorneys at Law, employs a team of experts, such as registered nurses, paralegals, investigators, and various medical expert witnesses to thoroughly prepare your case and to assist you in obtaining the maximum amount of compensation due to you.