Do I Have a Personal Injury Case? What Plata Schott Law Needs to Evaluate Your Claim
A personal injury case has three parts: someone else was at fault, you were seriously hurt, and there is insurance or money to pay for it. If any one of those is missing, there is no case, no matter how unfair the situation was. Here is how we evaluate the three, and what you can bring to make that evaluation fast.
What personal injury cases does Plata Schott Law take?
Serious injury and death cases: car, truck and motorcycle crashes, Uber and Lyft collisions, pedestrians and cyclists hit by vehicles, e-bike crashes, wrongful death, negligent security (assaults at apartment complexes, hotels and businesses), short-term rental injuries, amusement and trampoline park injuries, and injuries to children. "Serious" means an injury that required emergency or hospital care, surgery, or ongoing treatment by a specialist, or that is permanent. We are a trial firm; we take cases we are prepared to try.
What personal injury cases does the firm not take?
Soft-tissue cases with no treatment, minor fender-benders with no injury, slip-and-falls with a bruise, dog bites that healed without stitches, injuries where you were mostly at fault, injuries where there is no insurance and no assets to recover from, workers' compensation claims, medical malpractice, product cases without a serious injury, and anything where you did not seek medical care within days of the incident. We also do not handle appeals, post-conviction relief, or standalone civil rights (Section 1983) claims.
Two things worth knowing. Florida bars recovery entirely if you were more than 50 percent at fault. And in a car crash, the law requires a permanent injury before you can recover for pain and suffering. A gap of weeks between the crash and your first doctor visit is the first thing an insurer will use against you.
What do you need from me to evaluate my injury claim?
Proof of a serious injury. ER or hospital records, imaging, surgical records, the specialist's diagnosis. If you have not seen a doctor, see one before you call.
Proof of fault. The crash report or police report, photos of the scene and vehicles, witness names, dash-cam or surveillance video, the incident report from the business.
Insurance information. The at-fault party's insurer and claim number if you have one, your own auto policy declarations page (we need to see your PIP, UM and medical-payments coverage), and your health insurance.
Your losses. Medical bills so far, time missed from work and your pay rate, and anything you have paid out of pocket.
What you have already said and signed. Any recorded statement, any release, any letter from an adjuster, and any settlement offer. Do not accept an offer or sign a release before we talk.
How fast will you tell me if I have a case?
Usually in the first conversation. If we need records to decide, we will tell you exactly which ones. If it is not a case we can take, we will say so and, when we can, point you to a firm that handles that kind of matter. Florida's deadline for most negligence claims is two years from the injury; claims against a government agency require written notice first.
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