Chad Motes, PA
8660 College Pkwy, Suite 60
Fort Myers, FL 33919
1 (866) 836-3388

IN CASE OF PERSONAL INJURY

    • Immediately report the injury and accident to the persons or companies you believe to be responsible.
    • Keep an accurate and complete account of the date, time and place of the accident.
    • Get medical attention immediately from a doctor or emergency room of your choice.  Give a complete and accurate account of your past medical history of previous injuries, accidents, and medical conditions.  You usually may charge such medical treatment to your health insurance coverage.
    • If you do not have a source of medical coverage for serious injuries, apply to the Division of Vocational Rehabilitation in the Florida Department of Education for a grant of medical coverage.  This agency has provided services to many clients of mine over the years. 
    • Make a list of the names and address of all people who were involved in the accident or who witnessed the accident.  
    • Follow your doctors orders, comply with recommendations for treatment.
    • Keep copies of all medical bills, ambulance and doctors’ reports.
    • Keep a record of work hours and income lost due to the injury, treatment and disability.  Keep copy of doctor’s disability scripts.
    • Do not give a statement to any insurance adjuster until you speak to an attorney.
    • If you have no source of income due to serious injury, you may qualify to receive social security disability benefits if you have been out of work for a year, or possibly less time if the injury is particularly severe and permanent.

PERSONAL INJURY
Other than motor vehicle accidents, persons injured by negligence of others in other relationships may seek damages for medical expenses, lost wages and pain & suffering.

Examples-slip and fall or trip and fall on property of another person or business or government; dog bite; injury by defective consumer products, injury by medical mistake; construction accidents; airline accidents; injury by firearms; injury by mold and other pollutants.

In these instances and many others not listed, a person injured by negligence may make a claim to recover damages from the responsible party. 

Disputed claims may be submitted to the court for the legal process- depositions, discovery, mediation, and trial.


PROCESS OF RECOVERING DAMAGES
The process of recovering damages after an accident is rarely simple.  In a clear-cut case where there is negligence on the part of a defendant, the defendant has adequate insurance coverage, and the permanency of injures are unmistakably severe and caused by the defendant’s negligence, the payment of insurance limits by the defendants insurance company may occur within weeks after the accident.  An example- death of a victim, paralysis, amputation of a limb, severe head injury, loss of eye, sight, herniated discs in the spine requiring surgery, knee, shoulder and hip injuries requiring surgery.  In cases that are less clear cut, insurance companies may deny liability, negligence, permanency or severity of damages.  In these cases an insurance company may force the injured to file suit in circuit court.  This begins a process of depositions, discovery, mediation and eventually may leave to a jury trial, in which six people would hear the evidence and decide the disputed issues, according to rules and instructions provided by the trial judge.  The jury may award more or less than claimed and may find in favor of injured or the defendant.

In some instances where a jury finds in favor of the defendant, the injured may be required to pay legal fees of the defendants.


STATUTE OF LIMITATION
Personal Injury claims are barred if suit is not filed within the legal time limit, usually four years from the date of the injury.  Shorter limitation periods apply to professional malpractice by doctors, lawyers and other professionals.  Claims against Florida state and local government agencies must be brought within three years of the accident.

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