Auto Accidents

After you are involved in an accident, it is important to immediately contact the police and seek medical attention. Many times, you may not feel significant pain for hours or days after the accident because of the shock of being involved in a crash. However, Florida law requires that you seek medical attention within 14 days of the accident or you may waive Personal Injury Protection benefits.

Specifically, you could lose your right to have your insurance company pay for the first $10,000 of your medical treatment if you seek treatment after 14 days.

Contact our office and schedule an appointment to speak with Mr. Dapena so he can assist you in obtaining the benefits to which you are entitled.

All consultations are free.

There is no guide that can tell you exactly how much your case is worth, and you should be wary of anyone who claims they can guarantee a certain recovery amount. The value of your case depends on several factors, including:

  • Type and severity of injuries
  • Extent and nature of medical treatment
  • Medical expenses, past and future
  • Loss of earning capacity
  • At-fault party’s policy limits
  • Available insurance coverage, including underinsured/uninsured motorist or umbrella policies
  • Comparative negligence
  • Whether the at-fault party has substantial assets
  • Prior accidents or injuries
  • Life expectancy

If you are injured as a result of someone else’s negligence, we can assist you in obtaining payment for your medical bills, as well as compensation for your pain and suffering.

Schedule a free consultation.

During your case, there may be costs that our firm pays on your behalf. These costs may include certified mail, investigation expenses, copies of medical records, expert reports, and other related expenses.

If, and only if, the case is resolved in your favor, these costs will be reimbursed from your settlement or judgment. These costs are separate from the percentage fee paid from your settlement.

Call our office for a free consultation.

If you were involved in a car accident, your PIP insurance is primary and should pay your medical expenses up to the policy limit of $10,000. Your health insurance, Medicare, or Medicaid may also pay for some bills.

If there are any remaining balances, we will do our best to negotiate them so they can be paid from your settlement. If we are able to do that, you should not owe balances to medical providers once the case is closed.

Since Florida is a No-Fault state, it does not matter who was at fault. Each individual is generally covered by his or her own PIP policy.

  • If you do not own a car but lived with a family member who did at the time of the accident, you may be able to use your live-in family member’s PIP insurance, subject to policy exclusions.
  • If you do not own a car and do not live with someone who does, you may be covered under the PIP insurance of the car you were traveling in.
  • If you did not own a car, did not live with someone who did, and were a pedestrian, you may be able to use the PIP insurance of the car that hit you.
  • If you owned an operable vehicle in Florida at the time of the accident and did not have insurance, you cannot use anyone’s PIP coverage. PIP coverage is mandatory.

Every situation is different, so call our office for a free consultation.

There are many types of coverage available when purchasing auto insurance. “Full coverage” can mean different things and does not automatically mean you are covered for every situation.

It is best to contact your insurance company or agent to clarify your benefits, or call DAPENALAW for a free consultation.

In Florida, motorcycle owners and riders are not required to carry insurance. Some people believe their auto insurance will cover them after a motorcycle accident, but that is not always the case.

Our firm can answer your questions regarding motorcycle accident coverage.

After receiving treatment for injuries caused by an accident, our office will receive a final report from your doctor outlining your condition. Once you reach maximum medical improvement, also known as MMI, some doctors assign a permanent impairment rating.

This rating is used by insurance companies to evaluate the case and indicates that you are not physically the same as you were before the accident.

Our firm, like most personal injury firms, charges a percentage of the settlement or judgment secured for your case. These fees are due only if there is a settlement or judgment awarded.

The fees are outlined in the Authority to Represent or Retainer Agreement, which will be explained to you when you meet with us. There is no cost to you if there is no settlement or judgment in your favor.

Most personal injury cases settle without court intervention. If we believe your case should be filed with the court, we will explain all options to you before filing and provide our recommendation.

The final decision will always be yours.

PIP is also known as No-Fault Insurance because you are entitled to receive those benefits whether you were at fault for the accident or not. PIP insurance helps pay medical bills and lost wages.

In Florida, PIP may pay up to $10,000 for the following expenses:

  • 80% of medical bills after applicable reductions, co-payment, and deductible
  • 60% of lost wages
  • 100% of replacement services, such as childcare, housekeeping, and yardwork
  • Up to $5,000 in death benefits
  • 80% of prescription expenses
  • Mileage reimbursement

The use of PIP benefits alone should not cause insurance rates to increase, especially if you are not at fault. However, the insurance carrier has the ultimate discretion.

If any medical expenses were paid by your health insurance, Medicare, or Medicaid, they may have the right to be reimbursed from your settlement depending on your policy or agreement.

Although there is no guarantee, our firm has been successful in negotiating reductions or waivers of Medicare, Medicaid, and private health care liens. Your Medicare, Medicaid, or health insurance should not otherwise be affected.

Slip and Falls

The value of a slip and fall case depends on several factors, including the severity of your injuries, medical expenses, lost wages, future treatment needs, and whether the property owner was negligent.

Every case is different, and while no attorney can guarantee a specific amount, DAPENALAW will work aggressively to pursue maximum compensation for your injuries and losses.

Property owners, business owners, landlords, or management companies may be responsible if they failed to maintain safe premises or failed to warn visitors about dangerous conditions.

Examples include wet floors, uneven surfaces, broken stairs, poor lighting, or unsafe walkways. Liability depends on whether the responsible party knew or should have known about the dangerous condition.

The time required to resolve a slip and fall case varies depending on the complexity of the case, the severity of injuries, insurance negotiations, and whether a lawsuit must be filed.

Some cases settle within a few months, while more complex cases may take longer. Our firm will keep you informed throughout every stage of the process.

Wrongful Death

Damages in a wrongful death claim may include medical expenses, funeral and burial costs, lost income and financial support, loss of companionship, emotional pain and suffering, and other related damages suffered by surviving family members.

The specific damages available depend on the relationship between the surviving family members and the deceased person.

A wrongful death claim arises when a person dies as a result of another party’s negligence, recklessness, or wrongful conduct.

These claims are brought on behalf of surviving family members to seek compensation for the emotional and financial losses caused by the death of a loved one.

Homeowner & Commercial Claims

Insurance policies can be complex and difficult to understand. Coverage depends on the specific language and terms contained in your policy.

DAPENALAW can review your policy and help determine whether your homeowner or commercial insurance policy provides coverage for your particular loss or damage.

If you suffer property damage or another covered loss, you should report the claim to your insurance company as soon as possible and document the damage with photographs and records.

You should also take reasonable steps to prevent further damage and contact an experienced attorney to protect your rights during the claims process.

Our firm handles many property damage and insurance claims on a contingency fee basis. This means attorney fees are only paid if we successfully recover compensation on your behalf.

We will explain all fees and costs clearly before representation begins so you fully understand your agreement with our office.

The time required for an insurance claim to be paid depends on the complexity of the claim, the extent of the damage, the insurance company’s investigation, and whether there are disputes regarding coverage or value.

Some claims may be resolved quickly, while disputed or complex claims can take longer. Our firm works diligently to help clients move through the claims process as efficiently as possible.