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Tampa Auto Accident Lawyer 813-222-8210

Automobile Accident Attorney’s FAQ’s

Welcome to the Galewski Law Group, your Tampa injury attorneys available at 855-Stan-the-Man.  Your Injury Attorneys want you to know your rights after an accident.  Protecting your rights after a car accident or other injury is an important start to obtaining your maximum recovery from the insurance company or the person at fault.  In the event of an accident, it is extremely important to preserve the evidence and have the accident thoroughly investigated.
Often it is persistence that pays off.  In a recent case the insurance company just would not accept that their insured was liable for our client’s injury.  After going back and forth with the insurance company for some time, we moved to have them held in bad faith.  This would threaten to remove all policy limits from the insurance and make the insurance company liable for all damages regardless of policy limitations.  After the bad faith threat was made, we prepared visual demonstrations aids similar to what we would use in trial.  This included a digital recreation of the accident and poster-boards to really drive  home what should have been a clear case.  The extra effort moved a case from a nominal settlement that was offered to a six figure recovery for our client.
  To preserve evidence take photos, see a doctor and contact an injury attorney right away.  Our Tampa Car Accident Lawyers provide an initial consultation free of charge, and we work on a contingency basis, which means there is no charge to you unless there is a monetary award or recovery of funds. Contact us for a consultation and a review of your insurance policy. 

Frequently Asked Questions

  1. What types of claims are most common with auto accidents?
  2. How do I know if I am eligible to receive compensation?
  3. How do I prove what damage was caused by the accident?
  4. How long can my insurance company take to settle my claim?
  5. Who decides whether my car is repaired or replaced?
  6. Can I choose my own repair shop?
  7. Does my insurance company have to use new parts to repair my car?
 
1. What types of claims are most common with auto accidents?
There are a number of possible claims after an car accident that your lawyer may help you peruse. The most common claims associated with automobile accidents include vehicle damage, PIP, uninsured motorist, medical expenses, serious injury or death, loss of income, pedestrian involvement, and defective or malfunctioning vehicles.  It is important to contact an attorney immediately.  If you do not seek a medical consult or treatment timely,you may waive your right to advance the case.

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2. How do I know if I am eligible to receive compensation?

The right to compensation depends heavily on the facts surrounding your injury.  Not all injury cases are the same and not all injury lawyers are the same.  You need to contact an injury attorney immediately to take full advantage of the possible coverage for your case.  If you fail to seek treatment you may waive your right to recovery. Actual calculation of your recovery from your injury will depend on the coverage available, the damages your suffer and the party at fault for the accident.  It is best to consult with an accident attorney early to get a complete overview of your possible recovery.  An auto accident attorney can determine the cause of the accident and help you seek medical treatment and handle negotiation with the insurance company. If there is any delay in diagnosis, treatment, or filing of the claim, you may become ineligible to receive compensation. Call a Pinellas Auto Accident Lawyer today to help you with your claim.

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3. How do I prove what damage was caused by the accident?

Your Tampa Accident Attorney will always say the best way to prove that damage was from an accident is to seek legal advice and medical treatment immediately after the accident.  Typically, the burden is on the insurance company to show that an injury was pre-existing, but even a pre-existing injury can be exacerbated by a accident.  The insurance company and the party at fault must take responsibility for their side of the case and should pay compensation for the injury that they cause or the injury that they made worse.  

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4. How long can my insurance company take to settle my claim after my accident?
Your insurance company should act diligently to settle your case. In fact they should settle the matter within 30 days.  This deadline may be extended if you need continuing treatment, additional investigation, factual dispute resolution or other mitigating factors.  One problem often faced in accident cases is that the insurance company wants to present a low offer to settle;  In doing so they may appear to have met their burden to present a settlement.  If their offer is not made in good faith and for a proper value, you may have  aright to move forward with a civil action or declaratiory judgment against them. These legal procedures help your Tampa Injury Attorney to move the case forward and to keep the insurance company honest.   Note that in choosing an Injury attorney you should check the litigation history of the attorney.  There are a number of local attorneys that just will not go to court.  They send demand letters and settle, or refer the case to a different attorney.  If the lawyer will not take your case all the way to court, it is likely that the insurance company knows that in negotiating how much to pay for your accident.  Hire a true litigation attorney and not someone that will just send a letter.

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5. Who decides whether my car is repaired or replaced?
The insurance company has the option to repair or replace your car, or reimburse you for the” actual cash value” (ACV) of your car. The “actual cash value”, or “fair market value” is the amount your vehicle would have sold for immediately before the accident. The insurance company may consider your car a” total loss” if the repair costs equals or exceeds the vehicle’s ACV on the date of the loss. In many instances an insurance company will total a vehicle if the appraised damages equal 80% of the vehicle’s ACV because often, once repairs have begun, additional damages or “hidden damages” are found which would render the vehicle a total loss by definition.

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6. Can I choose my own repair shop?

You can choose your own repair shop provided they are licensed. The insurance company  may have your damages estimated by their own repair shop to ensure the accuracy of the estimate by your repair shop. The insurance company will then work with the repair shop of your choice, to get your car repaired.

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7. Does my insurance company have to use new parts to repair my car?

It is not always possible to replace damaged parts with new parts. The insurance company is required to restore your car to the same condition it was before the accident. Depending on the availability of new parts, the mechanic may have to use reconditioned parts, or after-market parts.

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Contact Us for a Free Consultation

Did you know: Wrongful Death and Serious Injury Attorney Tampa Serious Injury and Wrongful Death Attorneys at the Galewski Law Group have been involved in over 1,000 cases this last decade, but we take a personal approach to each case.  When we work to help someone or a family rebuild after a devastating accident, we put our heart into making sure that your interest, your family, and your future are protected.  We start with a discussion of your immediate needs, short and long term goals, which may include: accident recreation, investigation, temporary loans or income replacement, immediate medical attention, long term care, or even death benefits.  We move from there to a series of avenues to reach your goals, including: assisting with all avenues of insurance claims, reviewing all potential claims against third parties such as workers compensation, social security and disability benefits, claims for negligence, wrongful death, car, home or commercial liability insurance and finally litigation.. To help obtain your goals, rebuild your life and move your recovery, we reach beyond a typical law firm and have relationships with industry leaders, medical providers, mental and health counselors and simply good heart-ed people that are there for you and your family. At the end of the day, your home is more than your castle, your family needs to focus on recovery, and not on legal details.  Since your wrongful death and serious injury case is more than personal for us, we can handle the details while you move your recovery along. There is no substitution for competent legal counsel. The decisions that you make now  can have a long lasting impact on you and your family.  I often say that everyone gets their day in court.  There is rarely a second chance to come back and change things with the judge or in a settlement agreement.  The same is true in cases where you cannot always anticipate future needs. This means that you should do things correct the first time. Just because a friend went through a similar situation, does not mean that they have had the same case or that they know your situation.  There is just no substitute for hiring the right law firm the first time.  Call the Galewski Law Group at 855-Stan-the-Man or 813-222-8210 now and get a free consultation.  Remember,in most cases, we do not get paid unless we recover for you.   The Galewski Law Group provides Accident, Insurance Claim, Injury, Chapter 7, Chapter 11 and Chapter 13 bankruptcy, foreclosure defense, mortgage modification, Divorce, and Personal Injury representation to clients throughout the Tampa Bay Area including Hillsborough, Pinellas, Manatee, Pasco, Polk, Sarasota and Hardee County and in cities that include Tampa, Clearwater, Dover, Seffner, Tarpon Springs, St. Petersburg, Palm Harbor, Dunedin, Safety Harbor, Lutz, Holiday,, Oldsmar, Sarasota, Crystal Beach, Bradenton, Lakeland, Brandon, Plant City, New Port Richey, Trinity, Spring Hill, Port Richey, Largo, Seminole, Pinellas Park, and Bartow.
 1112 E. Kennedy Blvd. * Tampa, FL 33602 * T 813.222.8210 * F 813.222.8211