Pursuing a Claim is Your Decision By George M. Stark, P.A.    Under our system of justice, one whom carelessly causes harm or injury to another is not subject to arrest or imprisonment.  Some people decide not to pursue a claim for injuries because they do not want to become involved in courtroom battles.  Some do not pursue a claim because they do not believe that they can afford the services of a lawyer.  And others, do not seek compensation because they believe that it is greedy or they think compensation is only for disabling injuries.   If you have been accidentally injured by the actions of another, please consider the following:   1. The vast majority of accidental injury cases are resolved by way of settlement between the lawyer representing the injured person and the insurance company of the person at fault without a lawsuit ever having been filed or any court involvement whatsoever.   2. Any person with a valid and viable accidental injury claim can afford the services of a lawyer as such cases are routinely accepted on a percentage contingency fee basis. 3. If a person is accidentally injured through no fault of his or her own, the only justice available for the injured person is economic justice.  Would you not agree that a person should be held accountable for their carelessness that causes injury to another?  The law permits one to receive compensation for injuries; thus, in the event that one sustains physical injuries, emotional injuries and or economic losses as a consequence of the careless conduct of another, he or she may be entitled to compensation for those injuries.   The final decision to pursue an injury claim should be based on careful consideration of the facts presented, the legal principals involved, and the actual losses or damages sustained by the injured party rather than emotion.  Almost all lawyers offer free legal consultations to discuss and evaluate injury claims and provide guidance to the injured in making a fully informed decision. George M. Stark, P.A. | george@georgestarklaw.com | (813) 221-6889  Return To Top

Hiring An Attorney: Terms of Employment By George M. Stark, P.A.    Perhaps one of the best-kept secrets is that all personal injury lawyers who elect to meet with clients to discuss their claims do so without charging them to do so.  Also, almost all personal injury lawyers represent clients on a contingency fee / percentage basis.  There are probably some exceptions in unique circumstances in cases that are deemed marginal and the personal injury lawyer is simply unwilling to accept representation on a contingency basis.  Furthermore, absent unique circumstances, a personal injury lawyer will advance costs incurred in representing a client in anticipation that repayment of the costs will be made along with the contingency fee at time of settlement or verdict.  Thus, advertisements placed in telephone book ads and billboards which contain wording to the affect of   “free consultation, no recovery -- no fee” are really unnecessary and should be viewed as restating that which is the standard practice by lawyers who practice personal injury law.   Also, while the terms of a fee contract with the client are negotiable, as a practical matter, the percentage fee’s that a lawyer may charge is governed by the applicable Florida Bar Rule and Florida Statutes which define what percentage of the recovery that lawyers may charge in certain cases.    While there are some exceptions to the rule, generally, Florida lawyers charge 33.1/3 % of the gross recovery if the case is settled before litigation and 40% after litigation is in progress.   George M. Stark, P.A. | www.gstarklaw.com | (813) 221-6889  Return To Top

Do I Have Case? By George M. Stark, P.A.    Undoubtedly, this is the question that is asked most frequently of a personal injury lawyer by prospective clients.  The answer to this question is variable depending on the clients’ motivation for seeking representation and the unique facts of the case.  Factually, almost everyone who steps into a personal injury lawyer’s office has been injured in some way and  hence has the right to seek legal redress.  That being said, the better and more pertinent question is:  Do I have a viable case that is worthy of pursuing?    To answer, three elements must be satisfied:  1. LIABILITY: Did the other person or entity act carelessly or in violation of the law?  2. CAUSATION: Did carelessness or violation of the law result in injury?  3. DAMAGES:  Were the injuries great enough to justify the expenditure of time and resources to pursue the claim?  In the event that your case is not accepted by one lawyer, that does not necessarily mean that your case is without merit.  To the contrary, it is not unusual for law firms to reject a case only to have another law firm undertake representation and achieve a successful result.  Accordingly, I strongly recommend that you seek a free consultation with a personal injury lawyer should you receive injures through no fault of your own.  Carefully review the presence or absence of the three elements listed above with the consulting lawyer and retain his or her services if you feel comfortable with them and if they express an interest in your case with a willingness and ability to pursue your claim through the court system to a conclusion if necessary.  George M. Stark, P.A. | george@georgestarklaw.com | (813) 221-6889   Return To Top

Insurance: Be Sure to Have ‘FULL’ Coverage By George M. Stark, P.A.  Perhaps the most misunderstood insurance concept faced by Florida automobile owners/operators is what constitutes “full coverage.”   While the concept of what constitutes “full coverage” is admittedly subject to diverse interpretation, the following listing is provided as a guide for those in the market for new insurance or for those reviewing their existing automobile insurance needs.  1. Personal Injury Protection (PIP) provides for the payment of medical bills and wages up to $10,000 to you and all occupants of your vehicle regardless of whom was at fault.  All Florida vehicle owners must purchase this coverage.  2. Property Damage (PD) provides for the payment of damage to another vehicle caused by you or someone driving your vehicle.  Again, all Florida vehicle owners must purchase this coverage.  Please note that the remaining coverages are not required, but without them, there may be significant financial consequences.  3. Collision/ Comprehensive pays for damage to or replacement of your vehicle caused by an accident, fire, or theft.  If the value of your vehicle is low, it may not be feasible for you to maintain this coverage.  4. Bodily Injury (BI) pays for injuries that the driver of your vehicle causes another person.  Insurance sales representatives may suggest that you not purchase BI insurance as a cost-cutting measure.  Resist this temptation and make sure to purchase BI coverage in a sufficient amount to protect you in the event of serious injury.  5. Uninsured/ Underinsured Motorist (UM/UIM) pays you, occupants of your vehicle, and family members for injuries caused by a driver who was uninsured or has insufficient bodily injury insurance coverage.  Again, sales representatives may suggest that you reduce your insurance premium by opting out or “rejecting” UM/UIM insurance coverage.  Should you do so, you and others may be left without compensation for injuries sustained.   While there are other optional insurance coverages that are available including Medical Payments, Automobile Rental Reimbursement and Towing, the above are the coverages that I consider to be “full coverage.”   I strongly recommend that you review your existing insurance policy or call your insurance agent to verify that you are fully covered in the event of an accident.   George M. Stark, P.A. | george@georgestarklaw.com | (813) 221-6889   Return To Top

Actions to Take After An Accident By George M. Stark, P.A.   Automobile accidents occur frequently and are simply part of life.  While one can never really prepare for such an occurrence, I have compiled the following listing of recommendations for post-accident conduct based upon what I have learned in representing accident victims.  Factually, the manner in which one involved in an automobile accident should conduct himself or herself will vary depending on such factors as the nature and extent of the vehicular impact, the resulting damage to persons or property, and determination of the responsible party.    With the foregoing in mind, the following general recommendations are made as to the actions one should take if involved in an automobile accident:  1. CALL THE POLICE IMMEDIATELY.  Even if the other driver tells you that it is not necessary, you should always report the accident. Be sure to record the tag of the other vehicle while waiting for the police to arrive at the scene. This may take time, but it is better to have the police provide an assessment of legal responsibility than leave determination of responsibility to an insurance claims representative.   2. DO NOT MOVE THE VEHCILES.  Sometimes this is not practical due to traffic and safety considerations which require relocation of the vehicles immediately after the accident. Once the vehicles are moved, however, there may be no physical evidence of what took place and legal responsibility may become subject to dispute. Thus,  try not to move the vehicles from their position of rest until you’re instructed to do so by the police.  3. REMAIN IN YOUR VEHICLE.  Even if you think you’re not hurt, it is best to remain in your vehicle after an accident subject to obvious safety concerns. Factually, you may not realize the nature and extent of your injuries. Vacating your automobile should be limited to achieving specific goals listed herein.   4. LIMIT TALKS WITH ADVERSE DRIVER(S).  While it is appropriate to express legitimate concern for the well-being of others, it is best to limit your contact with the other parties.  Your concern may be misinterpreted as an apology or admission of responsibility.  5. PHOTOGRAPH THE SCENE.  If you’re physically able to do so prior to the arrival of the police, make use of your camera phone to obtain: photos of the vehicles in the position in which they came to rest, photos reflecting damage to both vehicles, and photos of physical evidence at the scene including skid marks or residual debris. Then return to your vehicle.  6. GIVE ONLY THE FACTS TO POLICE.  Cooperate with the investigating officer. While it is normal to be nervous, try to be brief and factual when questioned by the police. In the event that the officer issues you a citation, accept it without an attitude.  Don’t be argumentative. You will not change the officer’s mind and will only cause the officer to be more prepared should you contest the citation in Court.   7. GET WITNESS NAMES, NUMBERS, AND ADDRESSES.  If you’re physically able to do so, obtain the names and identification of witnesses to the accident.  Try to do so before the police arrive and then return to your vehicle. Do not assume that the police will obtain witness information. Sometimes the witnesses are gone by the time they arrive and sometimes the officers list only the witnesses that they deem to be credible.  8. BE AN OBSERVER AND TAKE NOTES.  If you’re physically able to do so, record your observations. Were the traffic lights operational?  Did the other vehicle have headlights, tail lights, or turn indicators? Did a vehicle leave the scene?  Did the other driver switch places with the passenger before the police arrived? Was the other vehicle weaving before the accident? What was the demeanor of the other driver?  9. IF INJURED, SECURE MEDICAL CARE.  If the police offers to call an ambulance for you, accept the offer if you know you are hurt. It is better to travel to an ER via ambulance than to delay treating an injury. Sometimes the effects of the accident are not realized until days after it occurs. If you need medical or chiropractic care, seek out the best available care and treatment as soon as possible. Consider an urgent care facility for initial evaluation.  10. REPORT TO YOUR CARRIER ONLY.  Report the accident to your insurance carrier as soon as it is practical. Be prepared to furnish them with a brief account of the accident and secure a claim number. In the State of Florida, regardless of who is at fault, your automobile insurance pays your medical expenses. Finally, do not provide a statement of any form to the other driver’s insurance company unless you have first conferred with legal counsel.  George M. Stark, P.A. | george@georgestarklaw.com | (813) 221-6889  Return To Top

Repairing Your Vehicle After an Accident By George M. Stark, P.A.    We often receive the following call from our clients: “I have just been in a car accident.  My insurance company said they would fix it for me, but I have a $500 deductible that would have to be paid by me.  Because the other driver was at fault, my company suggested that I have the other driver’s insurance company pay for repairs. What should I do?” We recommend that if you have collision coverage on your car or truck, you should instruct your insurance company to appraise the damage as soon as possible and either repair it or pay for the replacement of your vehicle.  Here are reasons why your own insurance company could be a better choice for replacing or fixing your vehicle: 1. PROMPT REPAIRS: If you want your vehicle fixed right away, tell your insurance company to repair your vehicle. Normally, the other person’s insurance company will not authorize repairs to your vehicle until they have investigated the accident and are satisfied that their insured was responsible for it. This process may take weeks. 2. PAYING DEDUCTIBLES:  If you tell your insurance company to proceed with damage appraisals and repairs, the payment will be subject to your insurance deductible. Often, the other insurance company will step up to the plate and pay the deductible amount to you by the time your vehicle is ready for pick-up. 3. ATTENTIVE SERVICE:  If the other driver has an insurance company you have never heard of with a 1-800 number to report your claim, save yourself the aggravation of dealing with them.  Generally, their service is slow and poor.  They also use independent adjusting firms to appraise the damage to your vehicle and often make low-ball settlement offers when a vehicle is deemed a “total” loss. 4. REQUIRED STATEMENT:  If you tell the other person’s insurance company to fix your vehicle, you will likely be required to give them a statement with your version of the accident.  However, whether or not you’re hurt, we recommend that you NOT give a statement without the benefit of legal counsel.   5. INSURANCE PREMIUMS:  If you file a claim with your insurance company, your insurance premium should not increase.  Generally, insurance underwriting guidelines do not provide for an increase in premiums for a non-chargeable accident.  Also, filing a claim should not affect renewal of your policy unless you have had three claims within a three-year period. Additionally, we always recommend that you promptly report your claim to your own insurance company after the accident.  Whether or not the accident was your fault, you should obtain a claim number.  If you have collision insurance coverage, advise them of the location of your vehicle and request that it be appraised for repair or replacement at its fair market value immediately. George M. Stark, P.A. | george@georgestarklaw.com | (813) 221-6889  Return To Top

Resolving Property Damage Claims By George M. Stark, P.A.    It should come as no surprise that automobile accident victims are often more concerned with the damage to or loss of their vehicles than their own physical wellbeing.  Some people develop an emotional attachment to their vehicles.  They grieve as though their vehicle was an old friend.  Others experience economic hardship due to repairs to or replacement of the vehicle.  The following recommendations are made in the hope of helping you make the best out of what can be a difficult situation in securing the repair or replacement value of your automobile. 1. PURCHASE COLLISON INSURANCE: The only reason not to buy collision insurance is if you fully own your vehicle  and the replacement will cause no financial hardship.  If you’re struck by a driver who has no insurance or insufficient coverage for the repairs, you will have the burden of repairing or replacing it yourself unless you purchase this coverage. 2. PUCHASE GAP INSURANCE IF YOUR VEHICLE IS FINANCED.  If you don’t purchase this coverage and your vehicle is declared a total loss, you will be paid the fair market value (FMV). If FMV is less than the amount financed, then you will owe the lender the difference unless you purchase Gap insurance. 3. REPAIRS ARE TO BE MADE AT A BODY SHOP OF YOUR CHOICE.  Just because your vehicle is towed by the wrecker service to a body shop does not mean that is where it should be repaired.  Recommendations made by an insurance company can be considered; however,  generally it is best to find a body shop that is affiliated with an automobile dealership to repair your vehicle. 4. REPAIR ESTIMATES MUST SPECIFY “LIKE KIND” PARTS. Insist that repairs to your vehicle be made using replacement parts, new or used, from the same vehicle rather than aftermarket parts that may be less expensive but not fit as well. 5. IF OPERABLE, DON’T LEAVE VEHICLE WITH BODY SHOP UNTIL TIME OF REPAIR. Sometimes it can take a week or two before the ordered parts are received and the shop is able to commence repairs. You don’t want your operable vehicle to be gathering dust at the body shop while you incur rental car expenses. 6. DON’T SURRENDER INSURANCE CHECK TO BODY SHOP UNTIL SATISFIED COMPLETION OF WORK. Just like any other business transaction, your leverage is gone once you pay. So, resist the temptation to be nice and part with the insurance check until you pick-up the vehicle and are satisfied with the work. 7. IF INITIAL ESTIMATE OF REPAIR SEEMS LOW, IT PROBABLY IS: At the time of appraisal, the insurance company representative will estimate the repair cost based upon visible damage. Once the vehicle is dismantled for repair, additional damage is often discovered that requires the issuance of a “supplement” and additional check for the repair cost. 8. IF REPAIRS EXCEED 80% OF VEHICLE VALUE, MOST INSURERS WILL CONSIDER IT A TOTAL LOSS. The FMV of your vehicle will be determined by the insurance company using either a computerized local market search or the NADA guide.  Most insurance companies are fair, but due  diligence is required to keep them honest.  Your settlement check should include tax, title, and, if inoperable, payment for the loss of your vehicle from the date of the accident to settlement.  If you have questions about these tips, contact our firm.  We specialize in assisting injured clients in the resolution of property damage claims. George M. Stark, P.A. | george@georgestarklaw.com | (813) 221-6889  Return To Top