Auto Accident Attorney of Naples, FL

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Don’t Be in a Rush to Settle Your Auto Accident Injury Claim

Ari • September 29, 2021

If you have been injured in an auto accident that was caused by someone else, don’t be in a rush to settle your injury claim.  There are some unscrupulous insurance companies, and insurance adjusters, who make a habit of pressuring injured parties to settle quickly.  We often hear stories from clients who have been contacted just a day or two after the accident by an adjuster who is offering them $2,000 or $3,000 to settle their claim.  Beware!  What they probably won’t explain is that the check comes only after you sign a liability release which lets them and their insured “off the hook” for any further claims.  The problem is that some injuries are not immediately apparent.  You may not realize the full extent of your injuries, or the medical care needed, for several months or more after an accident.  The statute of limitations in Florida for automobile negligence cases is 4 years, so you have plenty of time to make sure that you are okay and get the care you need.  That is not an excuse to delay treatment, but it is a reason not to be rushed to settle.

The same goes for the attorney you hire to represent you.  If they are pressuring you or making you feel rushed to finish your treatment, they may not have your best interest at heart. Since almost all of these cases are handled on a contingent fee basis, some (few) lawyers may be more concerned about wrapping up your case and getting paid then they are about making sure that you get all the medical treatment you need and make the best medical recovery possible.  If that is the situation you find yourself in, then it is time to discuss this with your attorney, and if you are not satisfied, it may be time to find another attorney to represent you. In the end, it is your injury claim, and your body.  You are the one who will have to live with the results of these injuries.  As I tell all of my clients, there is no amount of money that will make you glad that you were in a car accident, so don’t allow yourself to be rushed to accept a settlement until you know the full extent of your injuries and your medical treatment.

Because I Live Here

October 26, 2024
Because I Live Here: In this new series of posts, I will offer some thoughts to help you pick the right attorney for your car accident case. There are many advantages to hiring a local attorney, like me who remembers when the beaches weren’t so crowded. Because I Live Here #1 Because I Live Here: Don’t hire an attorney before you meet them face to face. That is often not possible with a TV lawyer, or an out-of-town lawyer. This is important for several reasons: You want to work with someone you like. You want to make sure that they will communicate clearly. You want to make sure that they won’t talk over you. You want to know that they will take the time to explain things. You will want to know that they will be courteous and respectful. These are all the things that you will know only by meeting the attorney in person. Intake specialists, legal assistants, and case managers will not be your lawyer. This is your case, not theirs. You are the one who will have to live with the choice you make, so make it a good one!
A person is standing in the middle of a road with arrows painted on it.

You are the Boss!

August 16, 2024
Dear car accident victims, This is YOUR case! I am here to guide you and get you the best result, but I will always respect and understand that the final decision on your treatment and your settlement is up to you.
A pen is sitting on top of a piece of paper.

Keeping You Informed

By Admin • August 2, 2024
Dear car accident victims,  I believe a lawyer should keep their clients well-informed about their case. That is why I send my clients copies of all emails, letters, pleadings and other documents that we send and receive. Sincerely, Rich Treiser
A person is using a laptop computer with a screen that says update.

Accountability

By Admins • July 29, 2024
Dear car accident victims, I believe that lawyers should be accountable to their clients. Everyone is entitled to know what their lawyer is doing in their case. That is why I send each client a detailed monthly statement of what I have done. Sincerely, Rich Treiser
A man is laying in a hospital bed with a bandaged head.

House Calls and Hospital Visits

By Admin • July 22, 2024
Car accident victims, Are you stuck on your sofa or in a hospital bed and have no transportation? I will come to you. I make house calls and hospital visits as needed. I am a personal injury attorney who takes your injuries personally. Rich Treiser, Auto Accident Attorney of Naples
A woman is sitting on the ground next to a car after a car accident.

MVA Victims

July 15, 2024
Checking In

Before You Hire A TV Lawyer

June 12, 2024
Before you hire a TV lawyer, be sure to ask the following questions:
Seat Belts — Naples, FL — Auto Accident Attorney

Seat Belts and Comparative Negligence

By Admin • March 12, 2024
Comparative negligence is a legal concept that refers to the amount or percentage of fault that a person shares for their own injuries. In the context of an auto accident, comparative negligence may reduce the recovery of an injured party, even though the accident was someone else’s fault. Under Florida Statute Section 316.614(10) the failure to use seat belts can be considered “comparative negligence.” That is known as “the seatbelt defense.” Since Florida law requires all occupants of a motor vehicle (with only a few limited exceptions) to wear a seatbelt, failure to do so can be used against you if you are injured in a motor vehicle accident, by reducing the compensation to which you would otherwise be entitled. The seat belt defense only requires that the following be proven: The victim was not wearing a seatbelt at the time of the accident. The victim had a fully functional seatbelt available. The victim’s injuries were caused or made worse as a result of failure to wear a seatbelt. Injuries caused by failure to wear a seatbelt are often the result of total or partial ejection from the vehicle. That is fairly obvious and easy to prove. However, seatbelt violation injuries can also often result from impact with other passengers in the vehicle, or with the steering wheel, dashboard, windows or other parts of the vehicle. The cause of those injuries is more debatable but still creates an unnecessary problem. Buckle up, Stay Safe and avoid the “seat belt defense”!  At Auto Accident Attorney of Naples, we wish you safe travels. If you are injured in a car accident, you are welcome to call us for a free consultation.

IME/CME - DID YOU KNOW?

March 2, 2024
In Florida, after an auto accident, you may be required by your own insurance company to have an Independent Medical Exam (IME), also known as a Compulsory Medical Exam (CME). This is a medical exam by a physician of their choice. That doctor has no responsibility for your health. Beware! This doctor is not your friend. They are not your doctor. They are hired by the insurance company to cut off your benefits (if they can justify it). They do that by minimizing your injuries and finding that your condition does not warrant further medical treatment, because you are at “Maximum Medical Improvement” (MMI). So, they are hired to help the insurance company justify terminating your Personal Injury Protection (PIP) insurance benefits. Often these doctors are not MDs or DOs but rather are chiropractors who are advising your insurance company that you are at MMI when they are not even licensed to prescribe medications or provide surgical treatment. Yet they are passing judgement on whether you need any more medical treatment.  Under Florida law auto insurance companies are required to provide PIP coverage which will pay up to $10,000 for your medical expenses, whether or not the MVA was your fault. That way there is immediate money to pay for (and you can then get) medical treatment. However, some insurance companies are more concerned about their profits than about the welfare of their insureds. So, if they can justify cutting off your PIP benefits, short of the full $10,000, they are saving money. Unfortunately, there is fine print in your policy which allows them to require you to submit to an IME. So, when you go to that exam, be sure to be complete about all of the medical problems, aches and pains the accident has caused. Of course, tell the truth, but don’t understate your medical problems. Insist on telling the IME doctor of any further treatment that you or your doctors think you need. Also, know that you are entitled to have the IME videoed by your own videographer so you can have a complete record of what was said and done at your IME. Call our office if you have any questions.
Click It or Ticket — Naples, FL — Auto Accident Attorney

SEAT BELTS – CLICK IT OR TICKET!

September 26, 2023
Failure to use seat belts is a traffic violation that can get you a ticket in all states but one. New Hampshire is the only State where it is not against the law. It is a primary traffic violation in Florida. That law, Florida Statute Section 316.614 became effective on June 30, 2009. It requires all drivers, front seat passengers and children under the age of 18 to fasten their seat belts. The driver, as well as the passenger can be cited for a violation. Children under 5 must be in child restraint devices appropriate for their age and size. As for backseat passengers over 18, it is a secondary violation, but they are still required to wear a seatbelt. Primary enforcement means that a law enforcement officer is permitted to stop and issue a citation to a driver and passenger if they see a violation of the seat belt law. There are about 17 states that are secondary, rather than primary enforcement states. Secondary enforcement means that the officer can only issue a ticket for a seat belt violation if they have stopped you for some other traffic violation (like speeding). But, except for backseat passengers over 18, Florida is not one of those states. There are several consequences for a violation. A seatbelt ticket carries of fine of $30 for an adult violation and $60 for a violation involving a child (under the age of 18). A court appearance is not necessary, however if the fine is not paid within 30 days it can result in suspension of your license pursuant to F.S. Sec.316.15(1)(a). If you chose to go to court and are convicted, court costs and administrative fees can be added. In addition, 3 points will go on your driving record. That is something that auto insurance companies will notice and can result in higher insurance rates. This ticket is a non-moving violation, so it will not count against or be a basis for suspension of your license (unless the violation involved a failure to use a child restraint for a child under age 5). Buckle up, Stay Safe and avoid a ticket! At Auto Accident Attorney of Naples, we wish you safe travels. If you are injured in a car accident, you are welcome to call us for a free consultation.
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