Latest Blogs

After a vehicle crash, accident victims should first seek medical attention. Then they should contact Florida Car Accident Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. (Spivey Law) for assistance in getting the benefits to which they are entitled as victims of a negligent driver. Vehicle accident victims may be scheduled for a meeting. There are no costs or attorney fees until after the firm receives a monetary recovery for clients.  

Spivey Law will draft and send a Demand Letter to the insurance company giving them an opportunity to settle without litigation. This letter will explain the accident, injuries, medical bills, lost wages, and pain and suffering. From this letter, the insurance company may offer a favorable settlement.

Should settlement talks with the insurance company conclude without a settlement being agreed to, Spivey Law Firm may file a personal injury lawsuit (complaint) for its client (the plaintiff). The defendant (the one being sued for negligence) will file an Answer to the Complaint.

During the discovery phase, both the plaintiff and the defendant exchange information regarding the facts about the accident, the plaintiff’s allegations, and the defendant’s responses to the allegations. This exchange of information is called “interrogatories.”

Many types of questions may be asked through interrogatories. Generally, they are open-ended questions, but sometimes they may just be a list of topics for one side to respond to. Interrogatories are to be in writing and under oath. Copies of relevant documents may need to be included, or a separate discovery tool can be used called a Request for Production of Documents.

Interrogatories will require a level of detail, so it is crucial for plaintiffs to work with a Florida personal injury attorney to assist them.  Spivey Law Firm will assist its client with answering these interrogatories and will guide its client in every step along the way.

Generally, there are four types of interrogatories in Florida personal injury cases that include form interrogatories that have been approved by the court. These types are:

• General Personal Injury Negligence – Interrogatories to Plaintiffs
• General Personal Injury Negligence – Interrogatories to Defendants
• Automobile Negligence – Interrogatories to Plaintiffs
• Automobile Negligence – Interrogatories to Defendants 

Both Automobile Negligence forms are used in conjunction with General Personal Injury Negligence forms.  

Potential Benefits for Clients

An accident victim’s life may be changed forever following an accident caused by another’s negligence. They may be entitled to certain benefits that include:

• Medical Expenses Caused by the Accident – These medical expenses may include present and future medical bills, out-of-pocket expenses, x-rays, physical therapy, and prescription medications.
• Loss of Earnings and Earning Capacity – This includes a reimbursement for lost wages while recuperating from injuries and a loss of earning capacity, i.e., the potential earnings over the time an accident victim may not be able to work.
• Pain and Suffering – Pain and suffering may be awarded under Florida Statute 627.737. These damages include pain and suffering, disability, disfigurement, important, mental anguish, and loss of capacity for the enjoyment of life for the past and future.
• Loss of Companionship, Consortium, and Enjoyment of Life – Under Florida law, accident victims must have been involved in a personal injury accident that damages or limits their ongoing relationship with the person filing the suit to file for this benefit.

Recovering compensation benefits in a personal injury lawsuit is complicated, and accident victims should not try to handle their cases alone. Insurance company adjusters work for the insurance company, not for accident victims.

“Should you or a loved one be injured in an accident, after seeking medical treatment, please contact Spivey Law Firm, Personal Injury Attorneys, P.A. 24/7 at 239.337.7483, toll-free at 1.888.477.4839, or contact us online at SpiveyLaw.com. We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. Our firm provides personal contact and communication along with aggressive representation,” said Florida Car Accident Attorney Randall Spivey.