
FAQ
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Birth Injury
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How Will You Determine Who Is Liable for My Child’s Birth Injury?
Determining liability in a birth injury case involves a complex legal process. Our birth injury attorneys will investigate your child's case to identify potential parties responsible. Here are some factors we consider:
1. Medical Negligence:
- Deviation from Standard of Care: Did the healthcare provider(s) fail to meet the standard of care expected of a reasonably prudent medical professional in similar circumstances?
- Causation: Did the provider's negligence directly cause your child's injury?
2. Potential Parties:
- Physicians: Obstetricians, neonatologists, and other medical specialists
- Hospitals and Clinics: The facility where the birth occurred
- Nurses and Midwives: Healthcare professionals involved in the delivery process
3. Investigative Process:
- Reviewing Medical Records: Analyzing birth records, lab results, and treatment plans
- Consulting Medical Experts: Obtaining expert opinions on the standard of care and causation
- Gathering Evidence: Collecting witness statements, photographs, and other relevant documents
- Building a Strong Case: Presenting a compelling legal argument to hold the responsible parties accountable
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Is There a Deadline for Filing a Birth Injury Lawsuit in Florida?
Yes, there is a deadline for filing a birth injury lawsuit in Florida.
Florida has a statute of limitations, which sets a time limit for filing a lawsuit. For birth injury cases, there are a few key deadlines to be aware of:
1. Two-Year Statute of Limitations:
- Generally, you have two years from the date of the injury or the date you discovered (or should have discovered) the injury to file a lawsuit.
2. Tony's Law:
- This law extends the deadline for certain birth injury cases to the child's eighth birthday. However, this law has specific requirements and may not apply to all cases.
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How Will You Calculate the Future Costs of My Child’s Medical Care and Therapy?
To accurately calculate the future costs of your child's medical care and therapy, we'll employ a multi-faceted approach that involves:
1. Medical Expert Testimony:
- We'll consult with medical experts specializing in your child's specific condition.
- These experts will assess your child's current needs and project their future medical requirements.
- They'll consider factors like the severity of the injury, the likelihood of complications, and the potential need for ongoing treatments.
2. Economic Expert Testimony:
- An economic expert will analyze the projected medical costs, including:
- Hospitalizations
- Surgeries
- Medications
- Therapy (physical, occupational, speech)
- Assistive devices
- In-home care
- Specialized education
- Transportation costs
3. Life Expectancy Calculations:
- We'll consider your child's life expectancy, their specific condition, and general life expectancy tables.
4. Inflation and Interest Rates:
- We'll account for future inflation and interest rates to ensure the award sufficiently covers future costs.
5. Contingency Planning:
- We'll consider potential future medical advancements and unexpected needs to ensure that the award is adequate.
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Car Accidents
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What Should I Do After a Car Accident in Jacksonville?
After a car accident, your safety and health should be your top priorities. Here’s what to do:
- Call 911 – Report the accident to law enforcement and request medical assistance if needed.
- Seek medical attention – Even if you feel fine, some injuries may take hours or days to appear.
- Exchange information – Get the other driver’s name, contact details, insurance information, and license plate number.
- Document the scene – Take photos and videos of the vehicles, skid marks, road conditions, and any visible injuries.
- Get witness statements – If possible, collect the names and contact information of bystanders who saw the accident.
- Avoid admitting fault – Do not apologize or discuss fault with the other driver or their insurance company.
- Report the accident to your insurance – Notify your insurer, but do not provide a recorded statement without speaking to a lawyer.
- Contact a Jacksonville car accident lawyer – An attorney can protect your rights and help you pursue maximum compensation.
If you have been injured, taking action as soon as possible can help protect your legal options.
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How Long Do I Have to File a Lawsuit After a Car Accident?
In Florida, you generally have two years from the date of the car accident to file a personal injury lawsuit. This is known as the statute of limitations.
It's crucial to consult with an attorney as soon as possible after a car accident to discuss your specific case and ensure you meet all legal deadlines. An attorney can provide tailored advice and help protect your rights.
Here's why it's important to act promptly:
- Evidence Preservation: Timely action helps preserve evidence, such as medical records, police reports, and witness statements, which are crucial for building a strong case.
- Insurance Company Tactics: Insurance companies may try to settle quickly with low offers. An attorney can help you negotiate a fair settlement or prepare for litigation.
- Complexities of Legal Process: Personal injury cases can be complex, involving various legal procedures and deadlines. An attorney can guide you through the process.
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How Long Do I Have to File a Car Accident Claim in Florida?
In Florida, the statute of limitations for filing a car accident lawsuit is:
- Two years for personal injury claims
- Two years for wrongful death claims
- Two years for property damage claims
- One year for hurricane or windstorm damage claims
Missing these deadlines could prevent you from recovering compensation. It is best to speak with an attorney as soon as possible to protect your claim.
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Can I Sue for Pain and Suffering After a Minor Accident?
It depends. While Florida is a no-fault state, meaning your own insurance typically covers your injuries, there are specific circumstances where you can sue for pain and suffering after a car accident, even if it's considered minor.
- Severity of Injuries:
- Minor Injuries: If your injuries are relatively minor and don't meet the "serious injury" threshold, you may not be able to sue for pain and suffering.
- Serious Injuries: If your injuries are severe, such as significant permanent injury, disfigurement, or significant loss of bodily function, you may be able to file a lawsuit.
- Economic Damages:
- Significant Medical Bills and Lost Wages: Even if your injuries aren't severe, if you've incurred substantial medical bills or lost significant wages, you may be able to file a lawsuit.
- At-Fault Driver:
- Liability: If the other driver was clearly at fault for the accident, you may have a stronger case for a lawsuit.
- Severity of Injuries:
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Do I Need to Use My PIP Insurance After an Auto Accident?
Yes. Florida is a no-fault insurance state, which means all drivers must carry Personal Injury Protection (PIP) coverage. Here’s how it works:
- PIP covers up to $10,000 in medical expenses and lost wages, regardless of who was at fault
- PIP pays 80% of medical bills and 60% of lost wages, up to policy limits
- You must seek medical treatment within 14 days to qualify for PIP benefits
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How Do I Deal With Insurance Companies After a Car Accident?
Document Everything
After a car accident, it's crucial to document everything related to the incident. Obtain a copy of the police report, keep detailed records of medical treatments, take photos of vehicle damage, and collect contact information from any witnesses.
Notify Your Insurance Company
Promptly notify your insurance company about the accident. Be cautious when speaking with insurance adjusters, as they may try to gather information to minimize the company's liability. Consider consulting with an attorney before speaking with the adjuster.
Understand Florida's No-Fault Law
Florida is a no-fault state, meaning your own insurance policy's Personal Injury Protection (PIP) coverage will typically cover your medical expenses and lost wages, regardless of fault. However, if your injuries exceed your PIP coverage or you have significant property damage, you may need to file a claim against the at-fault driver's insurance policy.
Be Wary of Insurance Adjusters
Remember that insurance adjusters work for the insurance company, not for you. They may try to offer a quick settlement that doesn't fully compensate you for your losses. Avoid accepting any settlement offer without consulting with an attorney.
Consider Hiring a Car Accident Attorney
A car accident attorney in Jacksonville, FL can provide expert legal advice, negotiate with insurance companies, and represent you in court if necessary. By hiring an attorney, you can increase your chances of obtaining fair compensation for your injuries and damages.
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Can I Sue the At-Fault Driver?
You can step outside of the no-fault system and sue the at-fault driver if:
- You suffered a serious injury, such as permanent disfigurement, significant scarring, or a traumatic brain injury
- Your medical expenses exceed your PIP coverage limits
- The accident resulted in wrongful death
An attorney can help determine if you qualify to file a lawsuit for full compensation.
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What if the Other Driver Doesn’t Have Insurance in Jacksonville, FL?
If the other driver in an accident in Jacksonville, FL, doesn't have insurance, your own uninsured motorist (UM) coverage can help protect you. While UM coverage isn't mandatory in Florida, it's highly recommended. It can cover medical expenses, lost wages, and property damage caused by an uninsured or hit-and-run driver.
If you don't have UM coverage, you may need to pursue legal action against the uninsured driver to recover damages.
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What Compensation Can Jacksonville Car Accident Victims Recover?
Car accident victims may be entitled to several types of compensation, including:
- Medical expenses – Emergency room visits, surgeries, rehabilitation, prescription medications, and long-term care
- Lost wages – Income lost due to missed work and reduced earning capacity if you cannot return to your job
- Pain and suffering – Compensation for physical pain, emotional distress, and trauma caused by the accident
- Property damage – Repair or replacement costs for your vehicle and other damaged personal property
- Loss of enjoyment of life – If injuries prevent you from engaging in activities you once enjoyed
- Wrongful death damages – Funeral costs, lost financial support, and emotional suffering for surviving family members
Every case is different. The value of your claim depends on the severity of your injuries, medical expenses, and the long-term impact of the accident.
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What If I Was Partially At-Fault for the Car Accident?
Florida follows a modified comparative negligence system:
- If you are less than 50% at fault, you can still recover compensation, but your award will be reduced by your percentage of fault
- If you are 50% or more at fault, you cannot recover compensation
For example, if you are found 20% at fault and your damages total $100,000, your compensation would be reduced to $80,000.
Insurance companies often try to shift blame to reduce payouts. A skilled attorney can help protect your rights.
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How Can a Lawyer Help With My Car Accident Case?
A car accident lawyer can handle all aspects of your claim while you focus on recovery. At Edwards & Ragatz, P.A., we:
- Investigate your accident – Collect evidence, review police reports, and consult accident reconstruction experts
- Handle insurance negotiations – Insurers often try to minimize payouts; we fight for full compensation
- Prove fault and damages – Gather medical records, witness statements, and expert testimony to build a strong case
- Represent you in court if needed – If a fair settlement is not offered, we are prepared to go to trial
Insurance companies have legal teams working against you. Having an experienced car accident lawyer levels the playing field.
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How Do I Prove the Other Driver Was at Fault?
Proving liability in a car accident case requires strong evidence, such as:
- Police reports – Official documentation of the crash
- Eyewitness statements – Testimony from those who saw what happened
- Traffic and dashcam footage – Video evidence showing the moments before impact
- Accident reconstruction – Expert analysis of crash scene data
- Cell phone records – Evidence of texting or distracted driving
- Toxicology reports – Proof of DUI or drug use if applicable
An attorney can help gather and analyze this evidence to strengthen your case.
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What Happens if the At-Fault Driver is Uninsured?
Florida has a high rate of uninsured drivers. If the at-fault driver does not have insurance, you may still have options:
- Uninsured Motorist (UM) Coverage – If you have UM coverage, your own insurance will pay for medical expenses and damages
- Personal Injury Protection (PIP) – Your PIP benefits will cover some medical costs
- Filing a Lawsuit – If the uninsured driver has personal assets, you may be able to sue them directly
An attorney can review your insurance policy and explore the best path forward.
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How Much Does It Cost to Hire a Jacksonville Car Accident Lawyer?
At Edwards & Ragatz, P.A. we work on a contingency fee basis, meaning:
- You pay nothing upfront
- You owe no legal fees unless we win your case
- Our fee is a percentage of the settlement or verdict, not out-of-pocket costs
This ensures you can afford experienced legal representation without financial risk.
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