Personal Injury Lawyer Melbourne FL
Have you been injured, and believe it was because of another person’s recklessness or wrongdoing? If so, you should consult a Melbourne personal injury lawyer that to find out whether or not you have any legal options. When you or a family member has suffered harm after being involved in an accident that was caused by another person, you should consult an experienced Melbourne, FL personal injury lawyer from Arcadier, Biggie & Wood, PLLC.
A good personal injury lawyer should be experienced, knowledgeable, mentally strong, and dedicated to their client’s needs. He or she should be able to turn the tables on insurance companies when they try to take advantage of a situation or offer unfair settlements to victims. Finally, the kind of Melbourne personal injury lawyer you want on your side should be prepared to overcome all odds to get you the best possible results – through negotiations or trial. If you are seeking this kind of lawyer, call Arcadier, Biggie & Wood, PLLC now.
- Personal Injury Claims
- Personal Injury Cases We Have Handled
- Common Things To Expect From Melbourne Personal Injury Lawsuits
- What To Do When You Are Injured In An Accident
- Insurance Company Communications
- Melbourne Personal Injury Law Infographic
- Talking With The Insurance Adjuster
- Personal Injury Claims And Car Insurance Rates
- Dealing With The Insurance Company After An Accident
- Personal Injury Law FAQs
- Arcardier, Biggie & Wood, PLLC Melbourne Personal Injury Lawyer
What Is Comparative Fault? When it comes to personal injury law, you get one chance to pursue compensation for your financial losses. If negligence was a factor, your first option may be to accept a settlement from the insurance company. Rest assured, they will pressure you into doing so because they won’t have to pay as much money. You should not accept this – even if it is tempting. In fact, if you do, you may not receive enough money to cover all of your costs. Particularly those that may arise in the future.
Your second option is to talk with a Melbourne personal injury lawyer. This should actually be your ONLY option. At Arcardier, Biggie & Wood, PLLC, our personal injury lawyers from Melbourne, Florida do things right, and always with the client’s best interests in mind. We are passionate and committed to fighting for your rights. When you choose us, you can feel pleased in knowing that we:
- Can handle all communication between the insurance adjusters
- Ensure your rights are being well cared for
- May be able to arrange a medical lien
- Have the resources to build a strong, undeniable defense on your behalf
- Don’t accept low-ball settlements from pressuring insurance companies
- Have decades of experience in helping victims like you
- Won’t settle for less than what you deserve
Personal Injury Lawyer Melbourne FL
Personal Injury Claims
A personal injury claim can be straightforward, or very complex depending on the circumstances. In general, the more serious the injuries are, the more likely it will be for the insurance company to fight against paying out what the victim needs and deserves. Insurance adjusters are well known for their clever-like tactics and will say just about anything to get the defendant to agree to a settlement with a Melbourne personal injury lawyer. Statements like:
- “You don’t need a lawyer.”
- “We will settle now so you can move forward with your life.”
- “If you don’t accept our offer, you might lose out on the opportunity.”
The insurance company might also suggest that you are partially, or fully, to blame. Due to the sensitive nature of these statements, and the possibility of saying something unintentionally, you should absolutely consult a personal injury lawyer before speaking to the insurance companies. If you choose to retain a Melbourne personal injury lawyer, and you should, he or she will be able to deal with the people so that you can focus on your recovery.
Personal Injury Cases We Have Handled
When you bring a personal injury lawyer from our Melbourne, Florida office into your case as quickly as possible, you have the best possible chance at recovering maximum compensation. This is because our firm can work diligently to identify and preserve evidence that will enable us to build an undeniable defense strategy. Our experience is vast and has included cases that have involved:
- Hit and runs
- Car accidents
- Commercial truck accidents
- Boat, ATV, and off-road vehicle accidents
- Loss of limb
- Severe burns, lacerations, or scarring
- Broken bones, sprains, and muscle injuries
- Near drowning or drowning
- Brain or head injury
- Neck or spine injury
- Loss of any of the five senses
- Rideshare accidents
- Municipal city accidents
- Premise liability
- Slip/trip and falls
- Construction accidents
- Near drowning
- Amusement park accidents
- Medical malpractice
- Wrongful death
When an accident is the result of another person’s recklessness, negligence, or intentional conduct, they may be responsible to compensate the victim. The goal of compensation is to restore the victims’ life as much as possible – physically, financially, and mentally. A personal injury lawyer may seek to recover damages such as:
- Medical bills
- Rehabilitative therapy
- Lost wages and earning potential
- Prospective losses
- Prospective medical bills
- Pain and suffering
- Punitive damages when applicable
If you are the family member of a victim of a fatal accident caused by the negligence of another party or parties, a wrongful death claim might be filed. In addition to the above damages, a lawyer might also see compensation for a loss of affection, funeral costs, and more. There are statutes of limitations to filing a personal injury claim. This means you should not waste any time. Call a Melbourne personal injury lawyer victims turn to Arcadier, Biggie & Wood, PLLC now for a complimentary case review.
Common Things To Expect From Melbourne Personal Injury Lawsuits
- The Plaintiff Was Injured. When it comes down to it, the reason someone files a personal injury lawsuit is that they were injured in some way. The person who files this type of lawsuit is known as the plaintiff. If someone attempts to file a personal injury lawsuit without actually having suffered from any kind of injury, their case will not get very far and a lawyer may not take them seriously. At this point in the process (when the plaintiff has established that they were injured by the defendant) they may choose to hire an attorney. Many personal injury lawsuits in Melbourne, FL will not go well without the help of a personal injury attorney.
- The Plaintiff Files Against the Defendant. When the plaintiff and their attorney show that there is a need for a case, they will file a complaint that details what the plaintiff alleges happened. Once completed, the defendant is served and a court date can be set. At this point, the defendant will likely hire their own attorney.
- Pre-Trial Litigation and Settlement. At this point in Melbourne personal injury lawsuits, both sides will be gathering evidence during the discovery phase as well as scheduling depositions. Before the trial even begins, though, it is entirely possible that the plaintiff and defendant can come to some sort of settlement that both can agree to/ When this happens, a trial never has to begin. However, if they cannot agree, they will go to trial.
- Trial. If the case goes to trial, both sides will present their evidence and the plaintiff will be attempting to establish fault with the defendant for their injuries. If they do so successfully, they may be able to win compensation for things such as pain and suffering, medical bills, and lost wages. It is also possible that either party could appeal the final decision if they do not agree with it.
A Personal injury attorney helps and assists injured individuals recover damages from the negligent actions of another. A serious physical injury can often be a life-changing event, sometimes causing permanent damage that can change your future and your entire life. A physical injury caused by someone’s negligence is known as personal injury law. Personal injury covers many areas of law, including:
- Car Accidents
- Bad Faith Claims
- Dog Bites & Dog Attacks
- Premise Liability
- Product Liability
- Professional Malpractice
- Slip and Fall Injuries
- Wrongful Death
When injuries are caused in an automobile related accident or by the negligence of another party or parties, it is time for serious legal representation by highly qualified attorneys.
Arcadier, Biggie & Wood, PLLC, is a premier law firm for Palm Bay, Melbourne, Cocoa Beach, Viera, all of Brevard County, and Central Florida. We specialize in litigating all levels of cases and all different types. We handle all types of malpractice cases, corporate and business negligence, workplace injury, slip and fall injury, class action lawsuits, product injury, automobile negligence, and insurance company bad faith cases.
If you have been injured and are looking for serious representation we will go to court and fight for you. But first, we will always be glad to give you a free consultation and discuss all your options with you. We have successfully litigated and are currently in litigation against some of the largest corporations in the country. We will represent you and fight for you against any negligent party, no matter who they are, or how big they are.
What To Do When You Are Injured In An Accident
What you do in the first moments and days immediately after an accident of any type, is vitally important. Often people are in pain and confused and the last thing they are thinking about, is what to do to protect their legal interests. That is where we come in and we will be glad to discuss your case with you, as soon as possible and appropriate after you have been injured.
However, there are two important rules that apply whenever you suffer any type of personal injury caused by the negligence of another party, no matter how serious it may be, or how minor it may seem at the time.
Seek Immediate Medical Attention
The first thing you have to do after any type of injury is to seek immediate medical attention, even if you don’t think you may need it. In cases of severe injuries, they will be obvious and you will be taken care of by the first responders on the scene. However, in many cases, an important thing to realize, is that you may actually be injured much worse than you think you are at the time of the accident. This is why it is so important to seek immediate medical attention and be completely examined by a doctor, to have all your injuries fully documented, and to follow up with your doctor, after any automobile accident or other type of injuries. Severe injuries, such as broken bones, burns, and organ damage are immediately obvious. But many physical injuries, especially those from automobile accidents, can cause damage that is not immediately obvious or visible and may hurt only moderately at the time. But often, these may be progressive in nature, where the real damage may not show up for months and sometimes even years later. It may actually be much worse than you think at the time, and it may not show up until weeks, months, and even years following your incident.
Never Talk To Anyone Representing The Other Party In An Accident
Whenever you are the victim of a personal injury of any kind, especially in an automobile accident, you will probably be asked to make a statement to the police and file an accident report. You must do this as completely and honestly as possible to any direct questions you are asked. If at all possible, you should wait for your attorney to be present, so they can protect your legal interests while you are making your statement.
Under no circumstances should you ever discuss the accident – especially your injuries – with any of the other parties involved in the accident, any of their friends or relatives, and especially never anyone representing their insurance company. This is absolutely vital! Do not ever talk to anyone but law enforcement, and only tell them what they ask, without volunteering any additional information.
Never Talk To Anyone Else Until You Have An Attorney Present To Represent You And Protect Your Legal Interests.
Arcadier, Biggie & Wood, PLLC, is a law firm serving Palm Bay, Melbourne, Cocoa Beach, Viera, Brevard County, and all of Central Florida with qualified and experienced personal injury attorneys. We will be glad to help and advise you every step of the way, from initial consultation to going to trial if that is where your case ends up. If you’ve suffered due to an automobile accident or the negligence of another party or parties, call us today to set up your free consultation so we can discuss your case and your options.
Insurance Company Communications
Being involved in an accident can be shocking, upsetting, and leave you feeling confused about what to do next. Insurance companies will likely have contacted you soon after the accident. They could be insistent on getting a statement from you or offering you an immediate settlement. During this time you are at your most vulnerable, and insurance companies know this. Before you agree to any settlement or sign any paperwork, you should talk with a Melbourne personal injury lawyer. In doing so, you could be prevented from experiencing financial loss and disappointment. For an immediate consultation with an experienced personal injury lawyer, call Arcadier, Biggie & Wood, PLLC.
Understanding Insurance Companies And How They Work
After an accident, apart from getting medical help, there are two very important steps to take. The first is to tell a personal injury lawyer what happened and the second is to report the accident to your insurance company. When you do report the accident, the insurance company may want to interview you at that moment. In some situations, they may do so at a later date. This helps to begin the claim process. The insurance adjuster will want to know as many details as possible in order to understand exactly what happened.
Tips Before You Speak To The Insurance Adjuster
Ideally, you will have consulted a personal injury lawyer to gain a comprehensive understanding of what you should and should not say to the insurance adjuster. The following tips can also be taken into consideration:
- Stick to the basic facts
- Do not admit any fault even if you contributed 1% to the accident
- Remember you can refer them to your lawyer
- Keep things simple
Melbourne Personal Injury Law Infographic
Talking With The Insurance Adjuster
In general, the interview with your insurance adjuster will be held over the phone. Sometimes you may be asked to come to the nearest office. Before the interview begins, the adjuster must tell you that it will be recorded. If you do not wish this, you should say so very clearly. Furthermore, if English is not your first language, you are unable to speak, or you have hearing problems, this should be told to the adjuster ahead of time.
Potential Questions To Prepare For
As the interview begins, the adjuster may ask you many questions about the accident. You should be honest, but brief. If you don’t know the answer, say that you “don’t know”, “are uncertain”, or “don’t remember.” This is better than guessing. Examples of questions could include:
- How did the accident happen?
- Where did it happen?
- Was anyone injured?
- Do you have the contact details of the other people involved?
- Did you file a police report?
- Were there any witnesses?
Following the interview, it is possible that you will be offered an immediate settlement. This is particularly true when it is found that the other party is 100% at fault. In general, the amount of this settlement will be incredibly low; so much so, that you may not even be offered enough to cover your losses. For this reason, and more, it is advisable to retain a personal injury lawyer who can protect your rights and interests.
Melbourne Personal Injury Law Statistics
According to the Florida Department of Motor Vehicles, Melbourne Florida averages approximately 5,500 car accidents each year with an increasing trend of approximately five percent annually.
Majority of Car accidents in Melbourne Florida result from:
- Driving under the influence (DUI) of drugs and alcohol
- Distracted driving
- Careless driving
- Reckless driving
Personal Injury Claims And Car Insurance Rates
Car insurance. It’s a necessity, and as long as you are a good driver, you likely don’t think about it too often. However, when you are in an accident, your insurance rates are among the only things you can think about. Will your premiums skyrocket? Will you be charged a surcharge? How expensive will your new policy be? All of these are excellent questions, but they are also a little premature, especially if the accident just happened, and the fault hasn’t been determined. Fault plays a significant role in the effect a car crash has on your insurance rates and premiums. Therefore, before you go into complete meltdown mode, review the different possible scenarios.
Deemed Not At Fault
The best-case scenario is to be deemed not at fault once the accident investigation is completed. It is important to note that while most states use contributory negligence rules, as long as you are found less than 50% responsible for the accident, then it will go on your insurance as a not at fault claim, which means that the crash will not affect your insurance premiums, even if you use your coverage for medical expenses and the uninsured motorists’ benefits. Also, as long as the other driver is found to be at fault, you cannot be surcharged or turned away for coverage.
Deemed At Fault
Unfortunately, if you are found to be at fault for the collision, then your insurance rates will probably increase. Also, depending on the level of negligence determined in the accident report, you might need to pay a surcharge to your insurer, and you may even find it difficult to maintain coverage. While losing coverage is an extreme result, if you have been found negligent before or if your negligence led to significant harm to another party, then it can happen. No one benefits in an auto accident. Regardless of who’s at fault, both parties are likely to suffer significant financial losses. Therefore, to ensure that you are well-protected and that you get a fair recovery, contact a personal injury attorney to discuss your case, regardless of your fault in the claim. Those who are not at fault will likely need help negotiating a fair settlement, and those who are at fault will probably need representation to ensure that their insurer is fair in their assessment of the incident. Therefore, no matter your stake in the unfortunate collision, have an experienced lawyer in your corner to offer advice and fight when necessary.
In some personal injury cases, the victim may also be awarded punitive damages. This is separate from the economic and non-economic damages they have. The purpose of punitive damages is to punish the at-fault party and send a message to society that this type of behavior is not tolerated. Punitive damages are usually only awarded in cases where the at-fault party’s behavior that caused the accident is especially egregious. One of the most common types of claims this happens in are drunk driving accidents.
Dealing With The Insurance Company After An Accident
Following any accident such as a premise liability accident or vehicle accident, you may be contacted by the defendant’s insurance company. The adjustor might ask you to spend some time talking with them about what happened. They might also want to know the events that led up to the accident, and whether you had any previous injuries, for example. As a Melbourne personal injury lawyer offers might explain to you, it may be in your best interest to avoid speaking to anyone.
Insurance adjusters are not on your side. They work for the insurance company, and they are in business to turn a profit. This means they will fight hard to pay the least amount possible. All too often we have seen people be coerced into making errors or statements that they didn’t mean or understand. As a result, they lost money that they should have been able to recover. Regardless of how sympathetic the insurance adjuster might seem, or how many promises they make to you, please remember they do not serve your interests. If you would like to avoid the potential of a hassle, please call a Melbourne, Florida personal injury claim lawyer.
Documentation: A Foundation for Claims
In the immediate aftermath of an accident, it is essential to gather comprehensive documentation to substantiate any subsequent insurance claims. Crucial information includes photographs of the accident scene, vehicle damage, injuries sustained, and any relevant environmental factors. Additionally, obtaining contact information for any witnesses, as well as copies of police reports and medical records, will strengthen your case. This meticulous documentation provides a solid foundation for presenting your claim to the insurance company and may also serve as valuable evidence if a dispute arises.
Effective Communication: The Art of Negotiation
Communication with insurance companies requires a strategic approach to ensure that your rights and interests are adequately protected. Keep in mind that insurance adjusters are trained to minimize payouts and may employ various tactics to achieve this end. When speaking with insurance representatives, it is vital to remain calm, composed, and focused on the facts. Avoid providing speculative or unnecessary information, and do not admit fault or accept settlement offers without consulting a legal expert.
Understanding Insurance Policy Coverage: A Prerequisite for Fair Compensation
Insurance policies are often fraught with legal jargon and technical terms that can be difficult for laypersons to interpret. Familiarizing yourself with the specific terms and conditions of your policy, as well as the applicable state insurance regulations, is critical to ensuring that you receive fair compensation for your claim. This knowledge will enable you to identify any attempts by the insurance company to undervalue your claim or deny coverage based on obscure policy provisions. If you have any doubts or concerns, consult a legal professional for guidance.
Seeking Legal Assistance: An Essential Safeguard
The complexity of insurance claims and the potential for disputes make it prudent to enlist the help of a competent attorney with experience in personal injury or property damage cases. Legal representation can be invaluable in navigating the claims process, negotiating with insurance adjusters, and advocating for your rights. A skilled attorney will have a deep understanding of insurance law and the tactics employed by insurance companies to minimize payouts. Furthermore, should the need arise, an attorney will be prepared to litigate on your behalf, providing a powerful deterrent to any bad faith practices by the insurance company.
Dealing with insurance companies after an accident can be a daunting and convoluted process. As a law professor, I cannot overstate the importance of thorough documentation, effective communication, understanding your insurance policy, and seeking legal assistance to ensure the protection of your rights and interests. By taking these steps, you will be well-positioned to secure fair compensation for your losses and successfully navigate the complexities of insurance claims following an accident.
Personal Injury Law FAQs
If you or a loved one are in need of legal counsel regarding a recent accident it would be in your best interest to contact a personal injury lawyer in Melbourne, FL
How Much Compensation Will I Receive?
When a victim is injured in an accident, they often face financial issues because of the impact those injuries have on their life. There are the medical bills, loss of income from being unable to work, and several other potential damages to the victim may be entitled to. It is not uncommon when an accident victim retains the help of a Melbourne, FL personal injury lawyer to ask how much compensation the lawyer thinks the victim will receive in a settlement amount or a jury award if the lawsuit goes to litigation. The amount of that compensation does depend on several factors that can have an impact on the final payout amount.
How Severe Are the Victim’s Injuries?
In the majority of personal injury lawsuits, the severity of the victim’s injuries plays a major role in how much compensation they will receive. The more serious a victim’s injuries, the more medical treatment they will likely need in order to recover. If the injuries are severe, the victim may even need surgeries, rehabilitation care and services, long-term medical care, and more. This will result in higher medical bills that the at-fault party will be liable for. The extent of the injuries and required recovery time also means more time missed from work and lost income. There are also the non-economical damages that injury severity can affect, such as pain and suffering and emotional anguish. According to the Federal Highway Administration, Florida had 3331 auto-related fatalities in 2020.
What Is The Long-term Or Permanent Impact Of The Injuries?
A Melbourne personal injury lawyer knows that another deciding factor in the final compensation amount can be the impact the injuries has on the victim’s life. If the victim will be dealing with the consequences of the injuries long-term (i.e., chronic pain, medical care) or if the injuries have left the victim permanently disabled and unable to function at the same level prior to the accident, these losses also equal damages the victim is entitled to be compensated for. For example, if the victim is unable to ever return to work because of their injuries, they are entitled to be compensated for the future loss of income they now must deal with.
How are cars dangerous?
While cars are a popular form of transportation for their speed and size, they can be dangerous to the driver and others on the road if not careful. Accidents typically occur when a four-wheeled vehicle is driving too fast, weaving in and out of traffic, or the person driving is distracted by their phone, music, eating, or the passengers in the car. Whether a car or other vehicle hit you, or you were the one driving, an experienced attorney can assist in the legal process following a collision.
What should happen following a car accident?
After an accident takes place, everyone involved should seek medical attention immediately. Whether or not physical injuries are present, a medical professional should check to make sure no one has a concussion or internal bleeding. Adrenaline often masks pain, and injuries after an accident or traumatic event, not allowing victims to feel the full extent of their injuries. That is why it is imperative that all seek a thorough medical evaluation as soon as possible. Medical documents and evidence will help a personal injury case if the victim decides to pursue legal action and compensation.
What injuries are common in car accidents?
Not all injuries sustained from a car accident are physical. Mental and emotional injuries exist for many who have experienced the traumatic event of a vehicle collision. Anxiety, depression, and post-traumatic stress disorder, often referred to as PTSD is common, and can have devastating implications for those suffering. If you or a loved one are hurting mentally or emotionally due to a car accident, or another personal injury case it would be in your best interest to contact a professional, licensed therapist to assist in your healing process. Mental and emotional distress can greatly impact an individual’s ability to perform everyday tasks, work, and maintain healthy relationships. Don’t suffer alone, but contact a medical professional to seek the help you deserve, and start the journey towards positive mental and emotional health.
How can personal injury lawyers help?
Experienced Melbourne personal accident lawyers such as those at the Law Offices of Arcadier, Biggie & Wood desire for their clients to focus on what is truly important following an accident, their healing, and overall mental, physical, and emotional health. By advocating on behalf of their client’s needs, and fighting for the highest compensation available, attorneys allow clients the space and freedom to get better. Most victims of car accidents do not fully understand the legal process of pursuing compensation for their personal injuries. Part of a personal injury lawyer’s job is to help their client by answering any and all questions they may have regarding the legal process, and all that it entails.
What legal action should a victim take following an accident?
When a person sustains an injury during a car accident, they may have a personal injury case worth pursuing. Compensation following an accident should consider physical injuries, as well as mental, and emotional injuries as well, and the cost of treatment. Florida residents can rest assured that their Melbourne personal injury lawyers are ready and able to help those who have been involved in a car accident, fighting for compensation for all mental, emotional, and physical injuries sustained. Contact an attorney today, and start your journey toward justice, accountability, and compensation.
Arcardier, Biggie & Wood, PLLC Melbourne Personal Injury Lawyer
2815 W. New Haven, Suite 304, Melbourne, Florida 32904
Melbourne Personal Injury Lawyer Google Review
“Cannot thank Maurice enough for the outstanding and effective service he provided to me. He is professional, attentive and extremely knowledgeable in his field of practice. Dawn, the office manager, is equally attentive and kind. I can’t give them enough stars. I will be back – HIGHLY recommended!” – Ashley V.
Retaining Legal Counsel To Represent You
As you might notice, dealing with the insurance company may not be a smooth process. By retaining a personal injury lawyer, you can be provided with a legal professional who has the experience and knowledge you need. Our firm can offer you the following benefits:
- We can maintain all communication with the insurance companies
- We understand the clever tactics used against insurance adjusters
- We will protect your rights
- We may be able to prove that the other party was 100% at fault
- Our lawyers will seek maximum compensation
For a free case review with a Melbourne personal injury lawyer, call Arcardier, Biggie & Wood, PLLC. If you were injured because of someone else’s negligence, we would like to listen to your story and explain to you your legal options. Don’t wait, time is of the essence. To learn more, please call Arcadier, Biggie & Wood, PLLC to speak with a qualified Melbourne personal injury lawyer clients recommend.
Client Review“Cannot thank Maurice enough for the outstanding and effective service he provided to me. He is professional, attentive and extremely knowledgeable in his field of practice. Dawn, the office manager, is equally attentive and kind. I can’t give them enough stars. I will be back – HIGHLY recommended!” Ashley Verrill