Free Attorney Consultation. No costs unless we win!

The Law Office of Jesse Diaz
The Law Office of Jesse Diaz
  • Home
  • About
  • Services
    • Roof Damage Claims
    • Car Accidents
    • Water Damage Claims
    • Truck & Bus Accidents
    • Fire and Smoke Damage
    • Motorcycle Accidents
  • Contact
  • FAQ
    • Homeowner's Insurance FAQ
    • Car Accident Case FAQ
  • Resources
  • NEWS
  • More
    • Home
    • About
    • Services
      • Roof Damage Claims
      • Car Accidents
      • Water Damage Claims
      • Truck & Bus Accidents
      • Fire and Smoke Damage
      • Motorcycle Accidents
    • Contact
    • FAQ
      • Homeowner's Insurance FAQ
      • Car Accident Case FAQ
    • Resources
    • NEWS
  • Sign In
  • Create Account

  • Bookings
  • My Account
  • Signed in as:

  • filler@godaddy.com


  • Bookings
  • My Account
  • Sign out

Free Attorney Consultation

Signed in as:

filler@godaddy.com

  • Home
  • About
  • Services
    • Roof Damage Claims
    • Car Accidents
    • Water Damage Claims
    • Truck & Bus Accidents
    • Fire and Smoke Damage
    • Motorcycle Accidents
  • Contact
  • FAQ
    • Homeowner's Insurance FAQ
    • Car Accident Case FAQ
  • Resources
  • NEWS

Account

  • Bookings
  • My Account
  • Sign out

  • Sign In
  • Bookings
  • My Account
Free Attorney Consultation

PERSONAL INJURY CLIENT FAQ

Please reach us at (689) 258-0000 or Schedule@DiazLitigation.com if you cannot find an answer to your question.

Once you hire us, we immediately begin protecting your rights and building your case.

Here is what happens next:

  • Full Case Evaluation: We gather facts, review your injuries, insurance coverage, and liability.
     
  • Communication With Insurance Companies: You no longer deal with the insurance adjusters—we handle all calls, letters, and negotiations.
     
  • Medical Coordination: We help guide you to appropriate medical providers, ensure documentation is thorough, and monitor your treatment progress.
     
  • Evidence Collection: Photos, videos, crash reports, witness statements, medical records, billing, and insurance information are all collected and organized.
     
  • Liability Investigation: We determine who is legally responsible—drivers, businesses, property owners, manufacturers, contractors, etc.
     
  • Settlement or Litigation: Most cases settle. If the insurance company is unreasonable, we are fully prepared to file suit and fight in court.
     

Our goal is to reduce your stress, improve your case value, and help you get the treatment and compensation you deserve.


 To protect your health and your case:

  • Get Medical Treatment Immediately. Any delay gives insurance an excuse to deny or minimize your injuries.
     
  • Follow All Doctor Recommendations.
     
  • Take Photos/Videos of injuries, vehicles, property damage, and the scene.
     
  • Keep All Receipts and Records (medications, medical bills, out-of-pocket costs).
     
  • Tell your doctor about ALL symptoms, even small ones.
     
  • Attend all medical appointments—gaps in treatment hurt your case.
     
  • Tell us immediately if your injuries worsen or new symptoms develop.


 These mistakes can ruin or significantly damage your claim:

  • Do NOT talk to the insurance company. They will record your call and use your words against you.
     
  • Do NOT post on social media. Even an innocent photo can be twisted to say you are “not injured.”
     
  • Do NOT exaggerate or minimize symptoms. Just be honest and complete.
     
  • Do NOT miss medical appointments. Insurance companies use gaps in treatment to justify low offers.
     
  • Do NOT repair your vehicle before we document its damage.
     
  • Do NOT sign anything from an insurance company without speaking to us first.


You only get one chance at your injury case—your attorney makes all the difference.

What makes our firm different:

  • Lower standard personal injury fee than many competitors (frequently 30% vs the typical 33–40%).
     
  • Tens of millions recovered for Florida clients over the past six years.
     
  • Aggressive negotiation backed by real trial experience.
     
  • We handle the insurance companies so you don’t have to.
     
  • Personal attention: You speak directly with an attorney—not a call center.
     
  • No fee unless we win.
     
  • We maximize recoveries by focusing on medical documentation, liability strength, and long-term damages.
     

Our mission is simple: Protecting Florida families and rebuilding lives after catastrophic injuries.


To fully evaluate and maximize your claim, we need:

Basic Information

  • Your full name, contact information, employer, and insurance details.
     
  • The date, location, and description of the accident.
     

Medical Information

  • Names of all medical providers.
     
  • Pre-existing injuries or conditions.
     
  • Current symptoms and treatment.
     

Evidence

  • Photos or videos of the scene, injuries, and property damage.
     
  • Police report or incident report number.
     
  • Names of witnesses.
     
  • Health insurance information.
     

Financial Losses

  • Lost wages or missed work.
     
  • Out-of-pocket expenses.
     

The more information we have early on, the stronger your claim.


Many factors affect the value of a personal injury case. Some of the most important include:

1. Liability (Who is at fault?)

We look at:

  • Crash reports
     
  • Witness statements
     
  • Surveillance footage
     
  • Vehicle damage
     
  • Comparative negligence issues
     

2. Severity of Injuries

Insurance companies look closely at:

  • ER visits
     
  • Imaging (MRI/X-ray findings)
     
  • Surgery or recommended surgery
     
  • Permanent impairment ratings
     
  • Objective medical evidence
     

3. Medical Treatment & Duration

More consistent and continuous treatment generally results in stronger claims.

4. Economic Damages

  • Medical bills
     
  • Future medical expenses
     
  • Lost wages
     
  • Loss of earning capacity
     
  • Out-of-pocket costs
     

5. Non-Economic Damages

  • Pain and suffering
     
  • Emotional anguish
     
  • Loss of enjoyment of life
     
  • Disability or disfigurement
     

6. Available Insurance Coverage

This is often the biggest limiting factor.


In Florida, the main policy types and provisions that matter include:

Bodily Injury (BI) Coverage

This pays you for your injuries when the at-fault driver carries BI coverage. Florida does not require BI, which is why so many cases involve uninsured drivers.

Uninsured/Underinsured Motorist (UM/UIM) Coverage

This is the most important coverage you can have, because it protects you when the at-fault driver has:

  • No insurance
     
  • Too little insurance
     
  • A denied claim
     

UM is how many clients get large recoveries—even when the at-fault driver was broke.

PIP (Personal Injury Protection)

Covers the first $10,000 of medical bills and lost wages regardless of fault, but does not compensate for pain and suffering.

Medical Payments Coverage (MedPay)

Optional coverage that supplements PIP.

Liability Coverage (Commercial / Corporate Policies)

Businesses often have larger policies:

  • $500k
     
  • $1M
     
  • Multi-million umbrella policies
    These often apply in slip-and-fall cases, commercial truck accidents, and rideshare accidents.


A million-dollar recovery usually comes from a combination of:

1. Serious or Permanent Injuries

Examples:

  • Spinal cord injuries
     
  • Herniated discs requiring surgery
     
  • Traumatic brain injuries
     
  • Broken bones
     
  • Amputations
     
  • Severe burns
     

2. High Policy Limits

Common sources of $1M+ policies:

  • Commercial trucks
     
  • Delivery vans
     
  • Buses
     
  • Rideshare vehicles
     
  • Businesses/property owners
     
  • Umbrella policies
     
  • Drunk driver claims (punitive exposure)
     

3. Strong Liability

Clear negligence leads to higher settlement values.

4. Well-Documented Damages

Consistent treatment, specialists, and imaging increase case value.

5. UM/UIM Policies

Many $1M+ recoveries happen because the victim had their own UM coverage.

6. Litigation Pressure

Insurance companies pay more when they know the attorney is:

  • Experienced
     
  • Willing to file suit
     
  • Willing to go to trial
     

This is where our firm excels.


It varies.

Typical Timelines:

  • Simple soft-tissue case: 3–6 months
     
  • Moderate injury with therapy + imaging: 6–12 months
     
  • Cases involving injections or surgery: 12–24 months
     
  • Litigation cases: 12–36 months

Your medical treatment drives the timeline—not the lawyer.
We don’t settle until we understand your long-term needs.


No.


We work 100% on a contingency fee, which means:

  • No upfront fees
     
  • No hourly billing
     
  • We advance case costs
     
  • You pay nothing unless we win
     

Our fee comes out of the settlement.


Don't wait.  Go as soon as possible. 


Even if you feel “okay,” accident-related injuries often don’t show symptoms for hours or even days. Adrenaline masks pain, inflammation builds slowly, and internal injuries may not be immediately obvious.
Seeing a doctor right away:

  • Protects your health
     
  • Identifies hidden injuries
     
  • Starts your treatment early
     
  • Creates critical documentation for your case
     

Insurance companies look closely at whether you sought treatment promptly. Delays hurt your health and your claim.


Delaying medical care is one of the top reasons insurance companies deny or reduce personal injury claims.
Waiting can allow the insurer to argue:

  • Your injuries were not serious
     
  • Your injuries were caused by something else
     
  • You weren’t actually hurt
     
  • You made your injuries worse by not getting care
     

A simple delay can cost you thousands of dollars in compensation.


 

This is extremely common. Pain is often delayed because:

  • Your body releases adrenaline and endorphins
     
  • Swelling and inflammation take time to develop
     
  • Soft-tissue injuries worsen overnight
     
  • Whiplash symptoms usually appear 24–72 hours later
     

Just because you don’t feel pain right away does not mean you are uninjured.
A medical evaluation ensures nothing serious is overlooked.


Ideally the same day, or within 24–72 hours at the latest.
The sooner you go:

  • The better it is for your physical recovery
     
  • The stronger your legal claim becomes
     

If you cannot get to your primary doctor quickly, go to:

  • Urgent Care
     
  • Emergency Room
     
  • Walk-in clinic
     
  • Orthopedist or chiropractor (depending on your symptoms)
     

Just don’t wait.


 Any licensed medical provider who can evaluate accident-related injuries is acceptable, but the most common starting points are:

  • ER (for severe symptoms)
     
  • Urgent Care (most common)
     
  • Primary Care Physician
     
  • Orthopedist
     
  • Chiropractor
     
  • Pain management specialist
     
  • Neurologist (for head injuries or nerve symptoms)
     

We can help guide you based on your symptoms and injury type.


You still have options. Many providers can treat you under:

  • Letters of Protection (LOPs)
     
  • Payment plans
     
  • Affordable cash-pay rates
     
  • Hospital financial assistance programs
     

We regularly connect clients with trustworthy medical providers who treat injury victims without requiring upfront payment.


Fast treatment creates the causal link between your injuries and the accident.
It helps prove:

  • What injuries you sustained
     
  • How serious they were
     
  • That the accident caused them
     
  • That you treated consistently
     

Insurance companies value cases based on medical records, not verbal complaints.
If it’s not documented, they act like it doesn’t exist.


 

Florida PIP (Personal Injury Protection) covers 80% the first $10,000 in medical treatment, but only if you seek treatment within 14 days.
If you wait longer than 14 days, PIP may deny coverage entirely, leaving you with unpaid bills.

Quick medical care ensures:

  • PIP covers your treatment
     
  • You get the maximum medical benefits possible
     
  • Future treatment is properly documented for your claimAdd an answer to this item.


Medical documentation drives settlement value.
The earlier the documentation:

  • The more credible your injury claim becomes
     
  • The easier it is to demand full compensation
     
  • The harder it is for the insurance company to dispute your injuries
     

Cases with early treatment often result in significantly higher settlements.


Yes. Listen to your Doctors. One appointment is not enough to show ongoing or worsening injuries.
Insurance companies expect:

  • Follow-ups
     
  • Consistent care
     
  • Specialist referrals
     
  • Imaging (MRI, X-ray, CT)
     
  • Therapy or chiropractic care
     

If you stop treating, the insurance company will argue you healed quickly or were never seriously injure


Florida follows a modified comparative negligence system (effective March 2023).
This means:

  • You must be less than 51% at fault to recover ANY compensation.
     
  • If you are 51% or more at fault, the insurance company pays zero—no matter how badly you were injured.
     

Because of this rule, proving fault is critical to your case.


We use many forms of evidence to establish liability, including:

  • Police crash reports
     
  • Bodycam footage
     
  • 911 recordings
     
  • Surveillance or dashcam videos
     
  • Vehicle damage analysis
     
  • Accident reconstruction
     
  • Witness statements
     
  • Photos and videos from the scene
     
  • Traffic signal data
     
  • Event data recorders (“black box” info)
     
  • Cell phone records (in distracted driving cases)
     
  • Commercial vehicle logs, GPS, and maintenance records
     
  • Business/property owner maintenance logs (slip and falls)
     

We gather and preserve this evidence early because insurance companies move quickly to protect themselves.


In a personal injury case, the burden of proof is on us—your legal team—to show by a preponderance of the evidence that:


  1. The other party was negligent,
     
  2. Their negligence caused your injuries, and
     
  3. You were not mostly responsible.

“Preponderance of the evidence” simply means more likely than not (even 51% is enough).


It happens often.
Fortunately, evidence wins—stories don’t.

Insurance companies commonly try to:

  • Shift blame
     
  • Claim you braked suddenly
     
  • Say you were speeding
     
  • Deny liability despite clear fault
     
  • Argue you were “partially” at fault to reduce payment
     

Our job is to force the case back to the facts and prove the truth.


Yes as long as you were less than 51% at fault.


Example:
If you are 20% at fault and your damages are $100,000, you can still recover $80,000.


But if you are 51%+ at fault, Florida law now bars you from any recovery.


This is why strong evidence is essential


Copyright © 2025 Law Office of Jesse Diaz "The Hurriclaim Firm" - All Rights Reserved.


Powered by

This website uses cookies.

We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.

Accept