FAQs


Franco Law sincerely cares about you, and wants to make sure that all your doubts are taken care of. Browse through our FAQ section to get answers to all your personal injury related questions.

What Is The Process Of Filing A Personal Injury Claim?

This would all depend on the case and the insurance company. Some insurance companies are known to fight everything, while other insurance companies can be a little more reasonable.

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Do People Misunderstand How Complicated Personal Injury Cases Can Get?

Definitely. There are procedures as well as laws that have to be followed, and unless the person does this on a daily basis, it is somewhat hard to navigate through it and get what they are entitled to.

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Do Most Personal Injury Cases Reach A Settlement Or Go To Trial?

Most personal injury cases reach a settlement, it is usually in the client’s best interest to try to reach an out of court settlement if the insurance company evaluates the claim reasonably, unfortunately that does not always happen.

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What Makes Up A Viable Personal Injury Claim Versus One That Is Not Going Far?

Liability and damages are the two main factors. When somebody calls our office, the first thing we would look at would be how the accident happened and whether the person calling our office as a potential client was potentially liable or whether there was a 100% liability on the other party.

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How Is An Attorney Compensated For A Personal Injury Case?

The initial consultation is free. A client can talk to an attorney for free just to see what their case may be worth or, whether they even had a case, or just what to expect.

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How To Deal With Insurance Adjusters?

We tell the client to get information from the person who is calling, regarding who they are and what company they are with, along with their phone and extension number.

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Would The Personal Injury Victim Have To Provide The Other Company With Medical Records?

No, the client would never have to provide this; we would provide the medical records once a demand was made.

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How To Gather Evidence In Personal Injury Claims?

Evidence would be very important in a personal injury case. The person would need to start gathering all forms of evidence from day one, whether it was in the form of witnesses at the scene, photographs of the property damage at the scene, or photographs of people who were involved in the accident.

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Do You Advise Clients To Keep A Journal Of The Accidents And Their Continuing Care?

I do not really tell clients to keep a log of what is going on with them other than providing calendars for them to write down appointments for when they have to go to their doctors.

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What Are The Challenges People Face In Personal Injury Cases?

The biggest challenges would probably be the lack of funds while going through the process and generally waiting for things to happen.

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When Is The Right Time To File A Personal Injury Claim?

We would like to have the case as early as possible. Most of our clients are actually referred to us by prior clients so they know to call us right away.

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Is There A Statute Of Limitations On Personal Injury Claims In Florida?

The statute of limitations for a personal injury case in Florida is 4 years for bodily injury and 5 years for UM, meaning uninsured or underinsured motorist.

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How Soon Should Someone Seek Medical Treatment In Case of Personal Injury?

Under Florida law, the person will lose their PIP benefits if they do not receive medical treatment within 14 days of the date of the accident.

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What If You Started Having Aches And Pains After The 14 Day Period?

Unfortunately PIP would not be responsible meaning the personal injury protection. However, this would not affect the person’s claim for the bodily injury, against the individual who actually caused the accident.

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How Do People Manage When They Are Disabled And Waiting For Damages?

This can be difficult. There is PIP, meaning “Personal Injury Protection” benefits that could pay a portion of the person’s lost wages while they were out of work, but that would only be up to a maximum of $10,000 and the medical bills would also be paid from that amount.

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Why Follow Suggested Medical Plans?

It is very important for the person to follow medical treatment recommended by their doctors; whether they recommended physical therapy or medications or referrals for diagnostic testing or specialists.

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Do Preexisting Issues Count Toward The Current Personal Injury Case For Damages?

Yes, it would definitely factor in. Insurance companies always look at pre-existing conditions to see if they can say everything was already there before the accident occurred.

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How Can A Gap In Care Affect A Personal Injury Case?

It can be overcome, but it can be very problematic. If the person had an accident and treated for their injuries consistently for a few months but then all of a sudden did not treat for 6 months to a year, it would be understood they did not need the treatment or else they would have sought it out and received it.

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Can You Help Clients Negotiate Medical Bills In A Personal Injury Case?

Yes, this is a service we provide. Things can become very difficult, which is why we try to find out at the very beginning what the insurance amount is and if the client has health insurance, so we can let the client know they need to be careful because there is only a certain amount of insurance.

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How To Avoid Damaging Your Personal Injury Case?

The biggest place we see people making mistakes is social media. They might post things on Facebook, or use social media in a way that might show they were physically better off than they actually are.

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Would It Be A Mistake To Not Follow Doctors Recommendations Regarding Treatment?

The other mistake people make is not attending doctor’s appointments or by not following doctor’s recommendations.

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How To Choose The Right Personal Injury Attorney?

There are a few things to consider when choosing a personal injury attorney. The first of them would be the attorney’s practice areas.

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What To Avoid When Choosing A Personal Injury Attorney?

The biggest thing that potential clients should run from is an attorney who promises a specific amount of money or a specific amount of time to get that money.

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What Makes Your Firm Different Or Particularly Suited In Handling Personal Injury Cases?

Between Susan Rene, the other attorney in the office, and myself, we have over 20 years of experience.

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What Are Some Misconceptions About Working With A Personal Injury Attorney?

People tend to believe that insurance companies will pay them and do the right thing because they have been paying premiums for so long.

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Do People Need To Quit Their Jobs In Order To Receive Disability Benefits?

You do not need to quit your job but working does send a red flag to Social Security and usually will result in a denial, at least at the initial and the reconsideration levels.

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Does Someone Have To Be Permanently Disabled To Receive Social Security Disability Benefits?

The regulations state that you have to be disabled or expect to be disabled for a period of at least twelve consecutive months.

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Can I Get Social Security Benefits If I Have A Criminal Record?

Yes, but not while incarcerated. The general rule is that if you have a felony conviction, it does not have an impact on your social security or the SSI benefits but there are a few exceptions.

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Can I Receive Both SSI And SSDI Benefits?

Yes! You can if your DIB, which is Title II, amount is lower than the current SSI allowed amount, which for 2016 is $733 for an individual or $1100 for a couple.

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What Is A Compassionate Allowance? How Does Someone Qualify For Such A Program?

It is a program that Social Security instituted a few years ago and it is a way of quickly identifying diseases or other medical conditions that are known to qualify under the listing of impairments based on pretty minimal objective medical information.

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Does Someone Receive The Same Disability Benefits After Reaching The Age of 18 That They Received As A Minor?

There are rules and guidelines for what we call a child disability versus adult disabilities. Usually at age eighteen or nineteen,depending if the child is still in high school after age eighteen, they will pull it up for review.

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What Are Some Medical Sources That Are Used To Prove A Disability?

There are regulations on what can and cannot be used for medical evidence.

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If Someone’s Doctor Says They Are Disabled, Do They Automatically Qualify For Benefits?

No, it does not! That is a big misconception. Just because a doctor says you are disabled, that is a legal determination, not necessarily a medical determination.

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When Do Disability Benefits End?

Full retirement age, which is social security retirement, is actually between the ages of sixty-five and sixty-seven now, depending on when you were born.

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Does Someone Need Multiple Doctors’ Opinions Or Diagnoses In Order To Prove “Disability?”

No, not necessarily! It depends on what the disability is.

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Can I Still Receive Disability Benefits If I Have Been Unemployed For Many Years?

For SSI or Title XVI, yes, if you meet the financial requirements.

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Can A Non-US Citizen Qualify For Disability Benefits?

Yes, if they are qualified aliens. There are specific rules and regulations for that but you have to meet those conditions to qualify to get SSI.

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How Are Attorneys That Represent SSD Applications Compensated?

The most common way for the attorneys to get paid is a fee agreement that allows for a fee of twenty-five percent of the past due benefit.

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Is It Advisable To Retain An Attorney When Applying For SSD Benefits?

I prefer to represent somebody from the beginning! You can have an attorney represent you from beginning to end.

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What Is The Best Time To Initiate The SSD Benefits Applications Process?

As soon as you are aware that you will be unable to work for a period of twelve months or more.

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What Happens During The Hearing Stage Of A SSD Benefits Application Process?

Once the file is transferred to the hearing office, here in Tampa, it is about twelve months to get a hearing.

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Is There Any Recourse If SSD Benefits Are Denied?

Each level of your application process has a denial that states the process for the appeal right in the denial itself.

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Who Determines Reconsideration For SSD Benefits?

The reconsideration level is what we consider the second stage. It is after a denial on an initial application. You have sixty days to file your reconsideration appeal and a clerk from the Social Security Office is the one that makes that decision.

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Is There Any Recourse If Someone Is Denied Benefits At Both Hearing And Reconsideration Level?

Yes. You can file what is called a request for a review to the Appeals Council that normally takes a couple of years to process, unfortunately.

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Can Someone Get Any Financial Assistance While Waiting For SSD Benefits?

You can apply for county aid, or for county healthcare, food stamps and rental assistance.

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Additional Information Regarding Social Security Disability Benefit Applications

Going back to the Appeals Council appeal after you get denied at a hearing level, you have to really consider if you want to take that step since you cannot… Read More

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