FAQ’s

Frequently Asked Questions
Common Questions
Do I have a case?
YOU DO NOT NEED A MAJOR INJURY TO RECEIVE A MONEY SETTLEMENT
The insurance company won’t tell you that when someone else hits you, even if all you end up with is neck or back soreness or stiffness, and even if it’s only when you overdo it that you have continuing pain or soreness, you should still receive a money settlement for that injury. Not only will the insurance company not tell you that, but if you speak with the insurance company adjuster on your own, they will use what you say about your injury against you and when it comes to a settlement, they will probably say your injury does not qualify for a settlement, or only a very small settlement. You should know that every time you speak with the insurance adjuster, they will either be recording the conversation or taking extensive notes about everything you say. That is why it is very risky to speak directly with the insurance adjuster rather than have an attorney do it for you, because you will probably answer the insurance adjuster’s questions in a way that can be easily used against you later on to deny you a settlement, or reduce your settlement in an unfair way. And you will have to continue to speak with the insurance company and answer questions because they will keep calling you on a regular basis until you either get an attorney or settle your case.
Do I need a lawyer?
HOW TO GET THE MONEY YOU DESERVE
The insurance companies won’t tell you that even their own research proves that people who are represented by attorneys end up with almost three and one-half times more money than people who try to settle with the insurance company on their own. The Insurance Research Council, a research organization funded by the insurance companies, did a study comparing what people received for the same injury when they were represented by attorneys versus what people received when they were not represented by an attorney. The Insurance Research Council determined that people who had attorneys received almost three and one-half times more, and that was after the attorney’s fees were paid. That means for example, that if an insurance company is willing to pay someone who is not represented by an attorney $7,000, then a person with the same injury who is represented by an attorney would have received almost three and one-half times that amount, or almost $25,000 – an extra $18,000 in the pocket of the injured person, after attorney’s fees were paid. This means that with an attorney, the same case that settled for $7,000 would have settled for $35,000 with an attorney and, after attorney’s fees of one-third of the settlement, the injured person would have received $25,000 in their pocket, an extra $18,000 more than the person who did not get an attorney.
It is important to remember that this is the insurance company’s own research that shows people receive more money when they have an attorney. That is why the insurance company does not want you to know this, because if you knew this, you would get an attorney and the insurance company would end up paying you a lot more for your injuries. In another example of this, if the insurance company would have paid $10,000 to a person who did not have an attorney, the same person represented by an attorney would have walked away with $35,000 in their pocket, $25,000 more in their pocket than the person who did not get an attorney. That means the case would have settled for almost $52,000 and, after attorney’s fees of one-third of the settlement, the person represented by an attorney would have received $35,000, an extra $25,000 more in their pocket than the person who didn’t get an attorney.
How do I select a lawyer?
Is it complicated to get an injury settlement?
Should I talk to the insurance adjuster?
THE INSURANCE COMPANY WILL ASK YOU TO SIGN PAPERS GIVING UP YOUR RIGHTS
The insurance company won’t tell you that when someone else hits you, even if all you end up with is neck or back soreness or stiffness, and even if it’s only when you overdo it that you have continuing pain or soreness, you should still receive a money settlement for that injury. Not only will the insurance company not tell you that, but if you speak with the insurance company adjuster on your own, they will use what you say about your injury against you and when it comes to a settlement, they will probably say your injury does not qualify for a settlement, or only a very small settlement. You should know that every time you speak with the insurance adjuster, they will either be recording the conversation or taking extensive notes about everything you say. That is why it is very risky to speak directly with the insurance adjuster rather than have an attorney do it for you, because you will probably answer the insurance adjuster’s questions in a way that can be easily used against you, later on, to deny you a settlement, or reduce your settlement in an unfair way. And you will have to continue to speak with the insurance company and answer questions because they will keep calling you on a regular basis until you either get an attorney or settle your case.
Another document the insurance company will ask you to sign will be a release. The insurance company will usually not explain what you are signing, but signing a document like that can result in your losing any right to any further compensation. It is also important not to sign this kind of document, or settle your case at all until your medical treatment is finished and your doctor has done a final evaluation report, and an attorney has told you what you should be entitled to as a settlement. Once you sign a release form, you normally cannot go back and undo it, even if it turns out you didn’t really understand what you were signing.
How do I get what I deserve for vehicle damage?
GETTING WHAT YOU DESERVE FOR YOUR DAMAGED VEHICLE – REPAIRS, TOTAL LOSSES, RENTALS
Regarding payment for your car, the insurance company will often suggest you take the car to a specific shop that they like to use. You actually have the right to have your car repaired at any place you want, including the dealer. The other thing about property damage the insurance company doesn’t usually explain to you is that
when a car is repaired, if they find some additional damage beyond what the original estimate said, the insurance company should pay for that additional damage. If your car is damaged beyond the value of repairing the car, the insurance company should pay you the value of that car before the accident. The insurance company will try to limit the value they pay you to what’s in a “Blue Book” type estimate, but there are ways to have the insurance company pay more than that for your particular vehicle, but they won’t tell you about that. Also, when it comes to a rental car, the insurance company often times limits the time they give you for the rental car to a shorter period of time than Florida law gives you.
Should I sign insurance company paperwork?
THE INSURANCE COMPANY WILL ASK YOU TO SIGN PAPERS GIVING UP YOUR RIGHTS
If you do not have an attorney representing you, the insurance company will ask you directly to sign documents, without explaining to you all the consequences of those documents. One thing they will ask you to sign will be an authorization for the insurance company to directly contact your doctor, and even doctors you saw before this accident, and get your records and information directly from the doctor’s office, which they should not be allowed to do. The medical information about your injuries and treatment or previous treatment should not be provided directly to the insurance company without you knowing what records they are getting or without your having an opportunity to first review those records yourself, know what is in the records, confirm the accuracy of what is in the records, and that it even relates to this accident. You need to be particularly concerned about anything in the records about what you said to the doctor about how the accident happened, what your initial complaints were right after the accident or information in the records about any prior injuries you may have had. Even if the record is incorrect or misleading, this information can be used against you by the insurance company and you may not even know what’s in the records or how to straighten out any confusion that may be created by inaccuracies in the records, or any other information the insurance company gets directly from the doctor’s office.
Another document the insurance company will ask you to sign will be a release. The insurance company will usually not explain what you are signing, but signing a document like that can result in your losing any right to any further compensation. It is also important not to sign this kind of document, or settle your case at all, until your medical treatment is finished and your doctor has done a final evaluation report, and an attorney has told you what you should be entitled to as a settlement. Once you sign a release form, you normally cannot go back and undo it, even if it turns out you didn’t really understand what you were signing.
I have an attorney, can I get a second opinion?
Should I get follow up medical care?
IT IS IMPORTANT TO SEE A DOCTOR AND YOU DO NOT HAVE TO PAY FOR IT OUT OF YOUR OWN POCKET
Another thing the insurance companies won’t tell you about is that if you are not seeing a doctor after your accident, the insurance company won’t say anything at first because they don’t really want to pay for your seeing a doctor. However, when it comes time to resolve the case, the fact that you did not have follow up care with a doctor or physical therapy, even though you were having some problems, will mean that your continuing injury has not been “documented”, and the insurance company will suggest to you that you are not entitled to compensation because your injury was not documented by a doctor.
The insurance company will also not tell you that if you are represented by an attorney, you can probably obtain medical treatment without having to pay anything at all out of pocket as you are being treated. The attorney will make sure that any unpaid bills are ultimately paid by the insurance company and that means you don’t have to pay anything now or take any risks that you might ever have an unpaid bill to worry about.
Call now for a Free Case Review
(904) 350-3600
Jacksonville Beach Office
320 First Street N. Suite 610 Jacksonville Beach, Florida 32250
Phone: (904) 350-3600
Fax: (904) 659-8169
Email: Ken@TheHowellLawFirm.com

Ken Howell
Who We Serve
Our personal injury lawyers represent accident victims in: Jacksonville, Jacksonville Beach, Orange Park, St. Augustine, Ponte Vedra Beach, Atlantic Beach, Green Cove Springs, Neptune Beach, Mandarin, Arlington, Mayport, Fernandina Beach, Callahan, Palatka, Yulee, Duval County, St. Johns County, Clay County and Nassau County on Florida’s First Coast.