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FAQ

Find answers to frequently asked questions about personal injury and property damage legal issues from the experienced attorneys at The Bald Injury Lawyers.

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Personal Injury FAQ

What types of personal injury cases do you handle?

The Fort Lauderdale personal injury attorneys at The Bald Injury Lawyers have experience handling Fort Lauderdale car crash claims, trucking accidents, bicycle accidents, dog bites, slip & fall, Lyft and Uber car accidents, and more. Contact us if you have questions about your case. 

Do I pay anything up front?

At The Bald Injury Lawyers, we handle personal injury cases on a contingency fee basis. That means you don’t pay us an attorney’s fee up front.

If we don’t recover money for you, you don’t owe us an attorney’s fee for our work.

If we do recover money for you, our fee is a percentage of the recovery, as explained in your contingency fee agreement. Our attorney’s fee is paid from the recovery rather than requiring you to pay us out of your pocket.

Your agreement will also explain how case expenses and other amounts owed from the recovery are handled.

No recovery. No attorney’s fee.

What are your thoughts on my case?

That’s one of the first questions we hear during a free consultation, and it’s an important one.

The truth is, we can’t always know the full value or strength of a personal injury claim during the first conversation. There may be important facts, medical records, insurance coverage issues, witnesses, or other evidence that need to be investigated before we can give you a meaningful assessment.

That’s one of the advantages of a contingency fee arrangement. You don’t have to pay us by the hour while we investigate your claim. We can investigate the facts, evaluate the evidence, determine who may be responsible, and assess the available insurance coverage without you worrying about receiving a large legal bill simply because we determined that your claim wasn’t one we could pursue.

If, after investigating your case, we determine that there isn’t a viable claim, we will tell you. And because we work on a contingency fee basis, if we don’t recover money for you, you don’t owe us an attorney’s fee for our work.

Our free consultation is the first step. We’ll listen to what happened, answer your questions, explain what we see based on the information available, and discuss whether we believe we can help.

How do Fort Lauderdale car accident attorneys negotiate with insurers?

After a car accident, you will likely deal with an insurance adjuster who will try to settle your claim quickly and for as little money as possible. Our experienced lawyers can help you negotiate with the insurance company to get the compensation you deserve. This may include reimbursement for your medical bills, lost wages, and pain and suffering.

What if the other driver was speeding or driving recklessly?

According to Florida’s no-fault laws, if you are involved in a car accident, your own PIP coverage pays part of your medical bills and lost income, regardless of fault, up to $10,000. You may also have a claim against the other driver. Florida’s no-fault law limits lawsuits for pain and suffering after car crashes. You can pursue those damages against the at-fault driver if the crash caused (1) significant and permanent loss of an important bodily function, (2) a permanent injury within a reasonable degree of medical probability, (3) significant and permanent scarring or disfigurement, or (4) death (Fla. Stat. § 627.737(2)). To recover from a driver who was speeding or driving recklessly, you will need to prove that their actions caused the accident. This can be hard to prove, but it may be possible with witnesses or video evidence. If you are successful in court, you may be awarded damages for your medical expenses, property damage, and pain and suffering. Suing the other driver does not guarantee a recovery, especially if the evidence is thin or the driver has little insurance. We can gather the evidence, look for every insurance policy that may apply, including your own uninsured motorist coverage, and tell you honestly whether a claim makes sense before you decide.

What are the grounds for a slip and fall lawsuit?

A Fort Lauderdale slip and fall lawsuit can be based on the legal theory of premises liability. To have grounds for a slip and fall lawsuit, a plaintiff must prove that the property owner or occupier had a duty to maintain safe premises, that the defendant breached this duty, and that this breach caused the plaintiff’s injury. Additionally, the plaintiff must also show that the defendant knew or should have known of the dangerous condition and failed to remedy it or adequately warn of it. In a business slip and fall on a foreign substance, you must also show the business knew or should have known of the condition (Fla. Stat. § 768.0755).

Can I hold my landlord responsible for my slip and fall injury?

In Florida, landlords can be held responsible for slip and fall injuries that occur on their property under certain circumstances. Talk to a lawyer before you file a claim.

How can an attorney help with my slip and fall case?

An attorney can assist with a slip and fall case by evaluating the facts and circumstances of the incident, determining if the property owner or occupier had a duty to maintain safe premises, and gathering evidence to support the plaintiff’s case. Additionally, an attorney can negotiate with insurance companies, file legal documents, and represent the plaintiff in court if necessary.

Property Insurance FAQ

What are the steps to take after a hurricane has damaged my property?

  1. Report a claim to your insurance company.
  2. Take photographs of all areas of the property (damaged and undamaged areas).
  3. Secure personal belongings.
  4. Contact a mitigation company to the extent necessary to provide drying equipment and tarps.

The Bald Injury Lawyers can assist with the filing and handling of your claim.

How do I know whether or not my insurance will cover damage from the hurricanes?

Every insurance policy is different. It is important to consult with a professional who can provide insight and advice on what may or may not be covered under your policy. The Bald Injury Lawyers is happy to provide a free review of your policy.

How long does it take for the insurer to pay or deny a claim?

Florida law generally requires your property insurer to pay or deny a claim within 60 days of receiving notice. However, there are exceptions and extenuating circumstances in which that time frame may be extended.

The hurricane damaged my home so badly that it is not in livable condition. Where do I start?

Many homeowners policies provide coverage for “additional living expenses” or those incurred as a result of the uninhabitability of your home or inability to use certain aspects of your home for its intended use. For instance, if you have no electricity, your policy may provide coverage for food expenses and alternative living.

My house isn’t totally destroyed, but it is waterlogged. Does the exclusion for flood damage in my homeowners’ policy mean I get nothing?

If the damage is a result of storm surge, the carrier is likely to argue that it is flood water and therefore, not covered. However, if wind-driven rain came into the property, there may be coverage.  

I don’t have a separate “flood” policy and my home insurance company is telling me that all the hurricane damage to my home is excluded/not covered. Are they right?

You should consult an attorney to review the facts and provide their professional opinion on the proper course of action.

What is the most common cause of roof leaks?

The most common cause of roof leaks in Florida is due to damage caused by severe weather conditions such as hurricanes, tropical storms, and heavy rainfall. Other common causes of roof leaks include poor installation, aging or deterioration, and damage from falling debris.

Does homeowners insurance include roof leaks?

Whether homeowners insurance includes roof leaks or not can depend on the specific policy and its terms and conditions. Some policies may include coverage for roof leaks caused by certain perils such as severe weather, while others may not cover roof leaks at all. It is important for homeowners to carefully review their policy. If you’re not sure what yours covers, we’ll review it for free.

Is water damage from a roof leak covered?

Water damage from a roof leak may be covered by homeowners insurance, but this can depend on the specific policy and its terms and conditions. Insurance policies may cover the cost of repairing or replacing damaged property, as well as the cost of addressing any related issues such as mold growth. If you have water damage from a roof leak, review your policy, or ask us for a free policy review.

What are the common water damage insurance policy exclusions in Florida?

Some common water damage insurance policy exclusions in Florida can include damage caused by flooding, sewer backup, and gradual water damage. It is important for homeowners to carefully review their policy and understand the specific coverage and exclusions.

How do I dispute a denied or underpaid water damage insurance claim in Florida?

If a water damage insurance claim is denied or underpaid, homeowners in Florida have several options to dispute the decision, including filing a formal appeal with the insurer, complaining to the Florida Department of Financial Services or hiring an attorney to assist with the claim. As the process is quite stressful and involves a lot of legal jargon, it is always advised to hire a competent water damage insurance claims law firm such as The Bald Injury Lawyers.

What types of damages can I recover in a water damage claim?

In a water damage claim, you may recover damages for property repairs, replacement of damaged items, and additional living expenses if you cannot stay in your home during repairs. An experienced claims processing law firm such as The Bald Injury Lawyers can help you determine the types of damages you may be able to recover.

What is the difference between flood insurance and homeowners insurance?

Homeowners insurance typically provides coverage for damage caused by specific perils such as fire, theft, or windstorm, while flood insurance specifically covers damage caused by flooding. It is important for homeowners to carefully review their policies and understand their coverage options for different types of perils.

Can I file a flood claim on my own?

While you can file a flood claim on your own, it can be a complex and overwhelming process and it’s important to know how to file a claim correctly to get the full benefit. An insurance attorney can help ensure that your claim is filed correctly and advocate for your best interests throughout the claims process.

How long does it take to process a flood claim in Florida?

The length of time it takes to process a flood claim can vary based on the complexity of the claim and the volume of claims being processed by the insurance company. In some cases, it can take several weeks or even months to receive a settlement.

What should I do if my flood claim is denied?

If your flood claim is denied, it’s important to speak with an experienced insurance attorney who can review your claim and help you understand your legal options.  At The Bald Injury Lawyers, we have experience dealing with insurance providers. Contact our water damage and flood insurance claim lawyers in Ft. Lauderdale for a free consultation.

What types of damage can cast iron pipes cause?

Cast iron pipes can cause a variety of damage, including water damage from leaks or bursts, sewer backups, and damage to property or personal belongings.

How do I know if I have a valid cast iron claim?

If you have experienced water damage or other related issues due to cast iron pipe failure, it’s important to speak with an experienced cast iron claims attorney who can review your case and help you determine if you have a valid claim or not.

What can a cast iron claims attorney do for me?

A cast iron claims attorney can help you navigate the claims process, negotiate with your insurance company, and represent you in court if necessary. They can also help you understand your legal rights and options.

What types of property can be covered under a fire claim?

A fire claim can cover a variety of types of property, including homes, businesses, vehicles, and personal belongings.

What should I do if my property has been damaged by fire?

If your property has been damaged by fire, it’s important to contact your insurance company as soon as possible and report the claim. You should also take photos of the damage and document any losses.

How long do I have to file a fire claim?

For losses on or after December 16, 2022, you must give your insurer notice of a new or reopened claim within one year of the date of loss, and a supplemental claim within 18 months (Fla. Stat. § 627.70132). Your insurer must acknowledge the claim within 7 days, inspect within 30 days, and pay or deny within 60 days (Fla. Stat. § 627.70131). A lawsuit must be preceded by a 10-business-day presuit notice (Fla. Stat. § 627.70152). It’s important to speak with an experienced fire claims attorney as soon as possible to ensure that your rights are protected.

What should I do if my property has been stolen or vandalized?

If your property has been stolen or vandalized, it’s important to contact your insurance company as soon as possible and report the claim. You should also file a police report and take photos of the damaged or stolen items.

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