Frequently Asked Questions
Have You Been Hurt or Injured in an Accident?
- All
- Car Accidents
- Cruise Ship Accidents
- Motorcycle Accidents
- Premises Liability
- Slip & Fall
- Wrongful Death
An experienced attorney understands Florida’s premises liability laws and knows how to gather evidence, negotiate with insurance companies, and fight for maximum compensation. Having a lawyer allows you to focus on healing while they handle the legal and financial details of your case.
Every case is different. The value depends on the severity of your injuries, how clearly the property owner’s negligence can be proven, your medical expenses, and the long-term impact on your quality of life. A personal injury attorney can evaluate all these factors and estimate the potential value of your claim.
Florida follows a modified comparative negligence rule. This means you can still recover compensation even if you were partly at fault, as long as you were less than 50% responsible. However, your settlement amount will be reduced by your percentage of fault.
Yes. Falls are a leading cause of herniated or “slipped” discs, which can result in serious back and neck pain, numbness, or weakness in the limbs. These injuries may require ongoing treatment such as physical therapy, injections, or even surgery.
Slip and fall cases require strong evidence but can be successfully proven with prompt documentation. Photos of the hazard, witness statements, medical records, and incident reports all help build a case showing that the property owner was negligent and that their negligence caused your injury.
Settlements are based on the total damages caused by the injury. This can include medical expenses, future medical needs, lost income, loss of earning capacity, and pain and suffering. Insurance companies often use a “multiplier” that increases the value of your medical bills based on the severity of your injury and its impact on your life.
Florida law generally allows you two years from the date of the accident to file a personal injury lawsuit. Waiting too long can mean losing your right to recover damages, so it’s best to speak with an attorney as soon as possible.
Yes, in many cases homeowners insurance includes liability coverage that may pay for medical expenses, lost wages, and pain and suffering when someone is hurt on the property. However, each policy is different, and proving negligence is still necessary to receive compensation.
In Florida, property owners and businesses are required to maintain their premises in a reasonably safe condition. If a hazard like a wet floor, uneven walkway, or poor lighting caused your injury and the owner knew—or should have known—about it, they can be held liable for your damages.
If you’ve been injured in a slip and fall, your first priority is your health. Seek medical attention right away, even if you think your injuries are minor. Report the incident to the property owner or manager, take photos of the scene and your injuries, and gather the names of any witnesses. Avoid making statements about fault and contact a personal injury attorney as soon as possible to protect your rights.
Some cases resolve in a few months, while complex cases may take a year or more. The timeline depends on your medical recovery, insurance negotiations, and whether the case goes to trial. Settling too early can result in undervaluing your claim.
Passengers have the same legal right to file a claim as riders. You may recover damages from the at-fault driver, whether it was the motorcycle operator or another motorist.
At Bell & Bell, P.A., we work on a contingency fee basis. That means you pay no upfront fees, and we only get paid if we win your case.
No. Anything you say can be used against you to reduce your claim. Refer all calls and correspondence to your attorney.
Case value depends on the severity of your injuries, medical bills, lost wages, insurance coverage, and strength of evidence. An experienced attorney can evaluate your unique situation and pursue maximum compensation.
Under Florida law, most personal injury claims must be filed within two years of the accident. Missing this deadline may bar your right to recover compensation.
You may seek:
- Medical expenses (past and future)
- Lost income and reduced earning capacity
- Pain and suffering
- Property damage
- In some cases, punitive damages
Florida law allows riders over 21 to ride without helmets if they carry at least $10,000 in medical insurance. However, not wearing a helmet can give insurers an argument to reduce damages if you suffered head injuries. An attorney can counter these claims.
Florida follows a modified comparative negligence rule. You may still recover damages if you are less than 50% at fault, but your compensation will be reduced by your percentage of responsibility.
Liability may fall on a negligent driver, a trucking company, a road construction contractor, or even a local government if unsafe road conditions contributed. An attorney can investigate and identify all responsible parties.
Yes. Insurance adjusters aim to pay the least possible. A lawyer can evaluate whether the offer covers your full medical costs, lost wages, and future care needs. Most accident victims receive significantly higher compensation with legal representation.
After ensuring safety and calling 911, get medical attention even if injuries seem minor. Document the scene with photos, collect witness information, and avoid admitting fault. Contact an attorney as soon as possible to protect your rights.
Passengers in Florida accidents are rarely at fault and may pursue claims against the responsible driver(s). If the passenger is related to the driver, insurance exclusions may apply, but in most cases, passengers may recover medical expenses, lost wages, and pain and suffering. If the crash results in wrongful death, survivors may file a wrongful death claim.
Product liability law applies when defective cars or parts (brakes, tires, airbags, steering) cause accidents. Families may bring wrongful death claims against manufacturers, distributors, or dealerships. These cases often involve expert analysis and may lead to large recoveries due to corporate liability.
Full Explanation: Florida follows a modified comparative negligence system (Fla. Stat. § 768.81). If multiple drivers cause a crash, liability is divided by percentage of fault. If you are found to be more than 50% at fault, then you are prohibited from recovering compensation. In other words, as long as you are found 50% or less at fault, you may recover damages. Insurance companies often fight over fault in multi-car crashes, making legal help critical.
Florida law allows civil claims against businesses that fail to provide adequate security. If a nightclub has a history of violence and fails to provide guards, lighting, or cameras, they may be liable when patrons are assaulted. Victims may sue the attacker personally, but often recovery comes from the business’s liability insurance.
Bars and nightclubs are responsible for the actions of their employees. If a bouncer assaults a patron without justification or uses excessive force, the bar can be held liable under respondent superior (employer responsibility for employees). Victims may recover damages for medical bills, lost wages, and pain and suffering. In some cases, punitive damages may apply.
Full Explanation: Negligent maintenance claims may involve hazards like broken railings, exposed electrical wiring, loose flooring, or dangerous yard conditions. Florida homeowners are expected to repair or warn about unsafe conditions. If they fail to do so, and a visitor is injured, the claim is typically handled through homeowner’s insurance. Compensation may include medical bills, lost wages, and pain and suffering.
Florida law requires homeowners to keep stairs, railings, and walkways safe for visitors. If a guest falls due to loose steps, missing handrails, or rotting wood, the homeowner may be liable. Insurance companies often cover these claims, but they may try to deny coverage by blaming the guest’s inattention. Evidence like photos and witness statements can strengthen your case.
Homeowners in Florida must maintain safe property conditions, including driveways. If the surface was cracked, uneven, or slippery from algae or oil and the homeowner failed to fix or warn about it, they may be liable. The homeowner’s policy often pays damages such as medical expenses, lost wages, and pain and suffering.
Full Explanation: The Death on the High Seas Act (46 U.S.C. § 30301) applies when a death occurs more than three nautical miles from U.S. shores. DOHSA allows families to recover economic damages only (lost income, financial support, funeral expenses) but not pain and suffering or emotional distress. If the death occurs closer to shore or in port, state wrongful death law may apply instead, allowing broader damages.
Cruise ship injury cases are governed by maritime law and the fine print of your ticket contract. Many cruise lines require lawsuits to be filed in federal court within one year of the injury. However, the cruise ship ticket contract often requires passengers to provide written notice of their injury within six months. Failing to meet this may bar your claim from proceeding forward. Claims may involve slip and falls, food poisoning, onboard assaults, or medical negligence. Because of the short deadlines, it’s critical to act quickly.
Under Florida law, surviving spouses in wrongful death cases can recover both economic and non-economic damages. These include loss of support and services, medical and funeral expenses, loss of companionship and protection, and emotional suffering. Spousal claims are often central to wrongful death lawsuits.
Florida law allows wrongful death claims based on negligent security when businesses fail to take reasonable steps to protect customers and tenants. If a history of crime existed but the business failed to provide lighting, cameras, locks, or guards, survivors may have a wrongful death claim against the property owner. These cases often arise in apartment complexes, bars, and shopping centers.
When a drunk driver causes a fatal crash, prosecutors may file criminal charges like DUI manslaughter. But families also have a separate civil wrongful death claim for compensation. This claim may cover funeral costs, lost income, lost companionship, and emotional suffering. Importantly, the civil case is independent of the criminal case, and compensation may be available regardless of the criminal outcome.
Full Explanation: Florida’s Wrongful Death Act specifically allows children to claim non-economic damages when a parent dies due to negligence. Minor children (under 25) may recover for lost companionship, guidance, and instruction, as well as for mental pain and suffering. In some cases, adult children may also recover, particularly if there is no surviving spouse.
Medical malpractice wrongful death claims arise when healthcare providers fail to meet the accepted standard of care, resulting in death. Common examples include surgical errors, misdiagnosis, delayed treatment, and medication mistakes. Florida law (Fla. Stat. Chapter § 95.11) requires these cases to be filed within a specific time limit. Survivors may recover compensation for lost support, companionship, and mental pain and suffering.
Insurance companies often deny claims by arguing the injury was not the homeowner’s fault, that the guest was trespassing, or that exclusions apply. In these cases, an attorney can investigate, gather evidence, and challenge the denial. If the insurer acts in bad faith, Florida law may allow additional damages.
Florida courts have held that homeowners may be liable if they knew or should have known a tree was diseased, damaged, or likely to fall. For example, if a rotting tree in the yard injures a guest or passerby, the homeowner may be responsible. However, if the fall was caused by an unforeseeable natural event (like a hurricane), liability may not apply.
Florida pools must meet strict safety requirements, including fencing and slip-resistant surfaces. If a homeowner fails to maintain safe conditions (such as wet decks, broken tiles, or lack of supervision at children’s parties), they may be liable. Homeowner’s insurance often covers these claims, paying for medical bills and other damages.
Florida has strict liability for dog bites under Fla. Stat. § 767.04 — meaning owners are liable regardless of the dog’s history. Some homeowner’s policies cover dog bites, but others exclude certain breeds (like Pit bulls or Rottweilers) or animals altogether. If covered, the policy may pay for medical bills, lost wages, and pain and suffering.
Homeowners in Florida owe visitors a duty of reasonable care. If you trip on broken steps, slip on wet floors, or are injured by unsafe conditions, the homeowner’s insurance may cover your damages. Typically, claims are filed against the insurance policy — not the homeowner personally — which protects friendships while ensuring compensation.
Apartment complexes in Florida have a duty to maintain common areas (hallways, stairwells, parking lots, pools) in a reasonably safe condition. Injuries caused by broken stairs, poor lighting, lack of security, or unsafe pool conditions may lead to liability. Landlords and management companies can be held responsible if they fail to fix known hazards or warn tenants about them.
Full Explanation: Florida Statute §768.0755 governs slip and fall cases involving “transitory foreign substances” like spilled liquids in businesses. To win, an injured customer must prove the business had actual or constructive knowledge of the dangerous condition and failed to act. Evidence may include surveillance footage, employee testimony, or proof the hazard existed long enough that the store should have known about it.
Full Explanation: Under Florida law, property owners may be liable for injuries from criminal acts if those acts were foreseeable and reasonable security measures were not taken. Examples include poor lighting, broken locks, lack of cameras, or no security guards despite a history of prior crimes. Negligent security cases often arise at apartment complexes, nightclubs, hotels, and shopping centers.
Business invitees (customers) are owed the highest duty of care under Florida premises liability law. Owners must regularly inspect the property, repair dangerous conditions, and provide adequate warnings. Failing to do so may result in liability for injuries caused by spills, broken flooring, inadequate lighting, or even negligent security if criminal acts were foreseeable.
Florida law requires property owners to maintain their premises in a reasonably safe condition. If an owner fails to correct hazards or warn of dangers, and someone is injured, the injured party may file a premises liability claim. Common examples include slip and falls, inadequate lighting, negligent security, falling merchandise, and poorly maintained walkways.
In Florida, a wrongful death claim seeks damages for survivors’ losses, such as lost companionship, support, and funeral expenses. A survival action is different — it continues the decedent’s own personal injury claim if they survived for a time before death. For example, if a person was injured in a crash, suffered medical expenses, and later died, the estate may pursue a survival action for those pre-death damages. Both types of claims can sometimes be filed together.
Florida law (Fla. Stat. Chapter § 95.11) sets a two-year statute of limitations for wrongful death claims. This means survivors or the estate must file suit within two years of the decedent’s death. There are very few exceptions (e.g., medical malpractice cases, fraud, or concealment). Missing the deadline usually means losing the right to recover damages.
Florida’s Wrongful Death Act allows survivors to recover both economic and non-economic damages. These include funeral and burial expenses, medical bills from the fatal injury, lost support and services the deceased provided, lost companionship and guidance, and mental pain and suffering. The estate may also recover lost earnings, benefits, and the value of future accumulations.
In Florida, only the personal representative of the decedent’s estate (appointed by the court, usually in a probate proceeding) can file a wrongful death lawsuit. The claim is filed on behalf of all eligible survivors, including spouse, children, parents, and sometimes dependent relatives. Survivors must be specifically listed in the claim to recover damages.
Florida’s Wrongful Death Act (Fla. Stat. § 768.16–768.26) allows certain surviving family members to recover damages when a person dies due to another’s negligence, recklessness, or intentional act. Common cases include car accidents, medical malpractice, defective products, and unsafe premises. Eligible survivors (spouse, children, parents, and sometimes dependent relatives) may recover damages for lost support, companionship, and funeral expenses.
We are a local South Florida law firm with decades of combined experience fighting for accident victims. We treat every client with compassion, give personal attention to each case, and don’t get paid unless you win. Our reputation is built on trust, results, and protecting the rights of injured people in our community.
Rideshare accidents have special insurance rules. Both the driver’s insurance and the rideshare company’s coverage may apply, depending on whether the driver was logged into the app. An attorney can navigate these complexities to maximize your recovery.
The timeline varies. Some cases resolve in a few months through settlement, while others may take longer if a lawsuit is necessary. Factors include the severity of your injuries, the insurance company’s cooperation, and whether trial is required. An attorney will keep you informed every step of the way.
You should notify your insurance company that an accident occurred, but avoid giving recorded statements or accepting settlements before speaking with a lawyer. Insurance adjusters are trained to minimize payouts. Bell & Bell can handle all communication to protect your claim.
It’s common for car accident injuries like whiplash, concussions, or soft-tissue damage to appear hours or even days later. That’s why it’s critical to seek medical care immediately after an accident and follow up with your doctor. Quick medical documentation strengthens your injury claim.
Yes. Florida follows a modified comparative negligence rule. You may recover damages if you are 50% or less at fault, but your compensation will be reduced by your percentage of fault. An attorney can help minimize the blame placed on you.
If the at-fault driver is uninsured or underinsured, you may still have options through your own Uninsured/Underinsured Motorist (UM/UIM) coverage. An attorney can help you pursue all available sources of recovery.
Compensation may include medical expenses, lost income, future care costs, property damage, and pain and suffering. In severe cases, you may also recover for permanent disability or wrongful death damages. An attorney will calculate the full value of your claim.
At Bell & Bell Attorneys, we work on a contingency fee basis. This means you pay nothing upfront — our fee comes only if we win your case. If there’s no recovery, there’s no fee.
In Florida, the statute of limitations for car accident claims is generally two years from the date of the accident (recently reduced from four years). Missing this deadline can prevent you from recovering damages. It’s best to contact an attorney as soon as possible so evidence is preserved and your case is protected.
You are not required to hire a lawyer, but it is highly recommended. Insurance companies often try to minimize payouts. A car accident attorney ensures you receive fair compensation for medical bills, lost wages, and pain and suffering. Bell & Bell Attorneys fight for your best outcome while you focus on recovery.
After a car accident in Florida, your first priority is safety. Call 911, seek medical attention, and report the crash to law enforcement. If you’re able, take photos, gather witness names, and exchange insurance information. Then, contact a personal injury attorney before speaking with insurance adjusters. At Bell & Bell, we guide you through each step to protect your rights.
The amount of time it takes for a personal injury lawyer to settle a case can vary greatly depending on a number of factors, such as the complexity of the case, the willingness of the parties to negotiate, and the availability of relevant evidence. In some cases, a personal injury case may be settled relatively quickly, perhaps within a few months, while in other cases it may take much longer, possibly even several years. Ultimately, the length of time it takes to settle a personal injury case will depend on the specific circumstances of the case.
The percentage that personal injury attorneys get from a settlement or court award varies depending on a number of factors. In many cases, personal injury attorneys work on a contingency basis, meaning they will not charge a fee unless they win your case. If they do win, they will typically receive a percentage of the settlement or award as their fee. This percentage can range from 33% to 40% in most cases, but it may be higher or lower depending on the specific circumstances of your case. It is important to discuss fees and payment terms with your attorney before hiring them to represent you.
When choosing a personal injury attorney, it is important to consider the following:
- Experience: Choose an attorney who has experience handling personal injury cases similar to yours. This will increase the chances of a successful outcome.
- Reputation: Look for an attorney with a good reputation in the legal community and among former clients. You can ask for recommendations from friends and family members, or research online reviews and ratings.
- Communication: Choose an attorney who is good at communicating and keeps you informed about the status of your case. This will help you feel confident and in control of the situation.
- Fees: Consider the attorney’s fees and payment terms before making a decision. Many personal injury attorneys offer free initial consultations and work on a contingency basis, meaning they will not charge you unless they win your case.
Overall, the best way to choose a personal injury attorney is to do your research and carefully evaluate your options. This will help you find an attorney who is qualified, reputable, and a good fit for your needs.
The amount of time you have to file a lawsuit after an injury varies depending on the type of case and the laws of the state where the injury occurred. In general, however, most personal injury cases must be filed within a few years of the date of the injury. This is known as the statute of limitations. If you miss the deadline for filing your lawsuit, you may be barred from pursuing your case in court. It’s important to consult with an experienced personal injury attorney to determine the specific deadline for filing your lawsuit and to ensure that your case is filed on time.
Yes, a personal injury lawyer can drop your case. Attorneys have the right to terminate the attorney-client relationship at any time, and for any reason, as long as they do so in a professional and ethical manner. There may be consequences for the attorney if they drop your case without good reason, such as a violation of their professional responsibilities or ethics. However, in general, attorneys are allowed to drop cases if they believe it is in their client’s best interests or if they are unable to continue representing the client for any reason. If you are concerned that your attorney may drop your case, it’s best to discuss your concerns with them directly.
Yes, you can fire your personal injury attorney. As the client, you have the right to terminate the attorney-client relationship at any time and for any reason. However, there may be consequences to consider before you decide to fire your attorney. For example, if you have signed a contract with your attorney, you may be required to pay a fee for terminating the contract early. Additionally, if you have already begun litigation, terminating your attorney may delay the case. It’s important to weigh these potential consequences carefully before deciding to fire your attorney. If you do decide to terminate the relationship, it’s best to do so in writing to avoid any misunderstandings.
In general, personal injury settlements are not taxable. This is because the IRS does not consider personal injury damages to be income. However, there are some exceptions to this rule. For example, if you received a settlement for lost wages, the portion of the settlement that is intended to compensate you for lost income may be taxable. It’s also worth noting that punitive damages, which are damages awarded in cases where the defendant’s conduct was particularly egregious, are always taxable. It’s always a good idea to consult with a tax professional or an attorney to determine how your settlement may be taxed.
Personal injury attorneys can be worth it because they can help you receive compensation for your injuries and losses. They can help you navigate the legal system and ensure that your rights are protected. Personal injury attorneys are experienced in dealing with insurance companies and can negotiate a settlement on your behalf. They can also represent you in court if necessary. It’s important to remember that every case is different, so it’s best to consult with a personal injury attorney to determine if hiring one is the right decision for you.
“Personal Injury” is a broad term that means any kind of accident or occurrence that leads to bodily injury. This includes not only injuries related to automobile accidents but also injuries related to slip and falls, trip and falls, negligent security, cruise ship injuries, etc.
We charge on a contingency-fee basis. This meaning that you will not pay us any fee unless there is a settlement or a winning verdict at trial. Typically, our fee is one-third or 33.3% of the total recovery in addition to case costs (money that we pay out to others in order to prepare your case).
The case value is based on several areas, assuming the liability issue is straightforward. Those areas include:
- Past Medical Bills
- Future Medical Bills
- Past Lost Wages
- Loss of Earning Capacity in the Future
- Pain and Suffering
A case value is also affected by other evidence such as: whether there are discrepancies in the testimony, medical records, or other evidence that may detract from the injured party’s case.
Every client is an individual and the recovery time varies with each person. Often a case cannot be resolved until we are able to determine the full extent of the injuries sustained. That may require time for surgery, rehabilitation, etc.
With that in mind, the average premises liability/auto or general negligence cases will reach resolution in four months to a year. That timeline is bound to fluctuate depending on the characteristics of each case.
Medical facilities and doctors will sometimes accept a “letter of protection,” which is a document allowing the patient to continue treatment without having to pay for it until a later date. In some cases, people may lack insurance coverage or their PIP benefits have been depleted. In these cases, a medical provider may request a letter of protection. It is essential that the client understand that if the case is not resolved in their favor, the client would still be responsible for paying their medical bills even if there is a letter of protection on file.
MMI is your maximum medical improvement as determined by your treating physician. At the conclusion of your treatment, we often request a final narrative that includes your MMI. This means that the patient has reached a point where they are as healthy as they can be. They may not be in the condition that they were prior to the accident, but their health has stabilized. If that is the case, a doctor may assign the patient a permanent impairment rating according to American Medical Association guidelines. Automobile insurance companies may want access to the permanent impairment rating as part of their case evaluation.
“Filing suit” is the act of filing legal papers at the courthouse. The client gives the authorization to file suit after all other options have been exhausted during pre-suit. When a case is filed with the court, it does not necessarily mean you will be going to trial and most cases are resolved before a trial begins.
Your primary goal is to get healthy and recover from your accident. We will collect information about your case; we collect documents to include the full police report, insurance information, medical records, and bills. When possible, we collect photographic evidence of the scene of the injury, the property damage, and bodily injuries. If necessary, we may interview witnesses and hire expert witnesses. Then, we submit a demand for settlement to the insurance company and negotiate with them. If we don’t reach a settlement at that point, we discuss filing a lawsuit. While in a lawsuit, we engage in discovery, which is the exchange of paperwork and information with the insurance company’s attorneys. Next come depositions, where they question our client and we question theirs. Other witnesses may also be deposed. Then the insurance company might have our client examined by their doctor. Last is trial. A lawsuit can settle at any point along the way if the parties can come to an agreement or if the discovery process reveals information that causes one party to change its position.
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