Gerber Law: For Justice
Providing aggressive advocacy to injury victims in the southwest coast of Florida for 20 years.
Get Answers From An Experienced Personal Injury Attorney
Gerber Law have compiled a list of frequently asked questions to help educate you about personal injury lawsuits.
Every personal injury case is different. If you have specific questions about your particular case, contact Gerber Law right away to set up a free consultation.
Frequently Asked Questions
Do I have the right to compensation for my injuries?
If another person’s or a company’s negligence caused your injuries, you may have the right to compensation for wage loss, past and future medical expenses, attendant care and pain and suffering. Schedule a free consultation to find out more.
What are Gerber Law‘s goals if you represent me?
Maria Gerber and our staff want to make sure you receive fair compensation for your injuries. Your health and well-being are the most important things, and we will fight to make sure you receive compensation adequate to take care of your needs.
What if I have a question about my case?
Gerber Law is committed to personal service and personal attention. We are always available to answer any questions you may have about your case. Contact the firm right away if you need questions answered.
Do I have the right to compensation for injuries to a family member?
If another person’s or a company’s negligence injured or killed a member of your family, you may be entitled to a wrongful death claim or for expenses incurred caring for an injured family member.
How much are the attorney fees for my case?
You do not pay unless you win. Our clients pay on a contingency fee basis, and attorney Gerber will receive a percentage of your award as her fee and as reimbursement for any costs expended in your case. If you do not prevail in your case, you are not responsible for any of Maria’s costs or fees.
How much is my case worth?
The value of every case depends upon individual circumstances, such as degrees of fault between you and the defendant, the severity of your injuries, how much you have healed and whether you can live a normal life going forward. Depending on your case’s circumstances, you could receive compensation for past and future medical expenses, lost wages, pain and suffering or even punitive damages.
How long will my case take?
Most personal injury claims are finalized within nine to 24 months. However, the length of time depends on the duration of the investigation, the severity of your injuries, your medical treatment and whether litigation is required.
Should I talk to the insurance company before I talk to an attorney?
Never talk to the other driver’s insurance company until you have talked to an attorney. The insurance company may be able to use your statements against you later. Once hired, Maria will file a letter of representation with the other driver’s insurance company and the insurance company will stop calling you.
Should I talk to an attorney even if my injury does not seem serious?
Some injuries may seem mild and manifest later into much more serious injuries, such as brain trauma. The statute of limitations in Florida for personal injury lawsuits is four years from the date of the accident. You should talk to an attorney right away if you have suffered an accidental injury to protect your rights.
Should I take pictures of my injuries?
It is best for you to take photos as soon as possible after an accident and, of course, prior to any repairs. If you are unable to take photos because of your condition or because you are in the hospital, you may wish to ask family members or friends to visit the scene and take photos for you. Additionally, attempt to photograph your vehicle before someone tows it from the scene or removes it from your home. If you hire Maria, she will send someone to photograph the vehicle for you. Take photographs of any of the following if you are able.
- Your injuries showing bruises or lacerations
- The accident scene
- Any broken or impacted object such as the vehicle, personal possessions or effects such as clothing, shoes, eyeglasses, cellphones or laptops
What else can I do to help my case?
The best thing you can do is keep in frequent contact with your attorney and keep your attorney informed. Even if your case has a fact that you think will hurt your chances of prevailing, you should still let your lawyer know.
Maria Gerber can attempt to handle the negative aspects of your case only if you are honest with her. Do not hide any information about your personal background, the accident or your medical history — if you have a pre-existing condition or a previous injury, let attorney Gerber know!
Make sure to provide copies of all your medical records and your bills and notify your attorney of every doctor appointment. Follow your doctors’ advice and communicate clearly and honestly with every medical provider so the doctors’ records are complete. Make sure to notify your attorney if you move, get married, get divorced, change jobs, lose your job or find a new doctor or physical therapist. Also, notify your attorney if you get hurt again.
What should I tell my attorney?
Make sure to let your attorney know about all of the following:
- Any prior lawsuits in which you have been involved, whether you filed the suit or someone filed one against you
- Any criminal history
- Any previous accidents, injuries, hospitalizations or psychiatric conditions or treatment
- Any prior worker’s compensation claims you have filed
- Whether you use or abuse alcohol or drugs
- Any accidents or injuries that you suffer after the subject accident
- Any statements you made to an insurance adjuster
- Whether you have failed to report income on any tax returns or have failed to file any tax returns
- Whether you have given incorrect information or failed to tell the truth with regard to the accident
- Any past or present bankruptcy proceedings
Do I have to accept the amount my insurance company offers me?
You do not have to accept an insurance company’s settlement offer. You should consult with an attorney before accepting or declining any insurance settlement. Maria Gerber can review your situation and advise you as to whether a lawsuit or an insurance settlement is right for you.
How do I know if I should settle my case?
Whether to settle your case is up to you. Maria Gerber will guide you through the process and help you understand how it works. She will make sure you know everything you need to know before deciding to accept a settlement offer from the insurance company or the other party. Your attorney will let you know whether she believes the settlement is best or whether you should proceed with litigation, but the decision is ultimately yours, and no one will force you to settle.
If I do settle my case, what happens next?
If you agree to settle, after you and the insurance company execute the settlement paperwork, Ms. Gerber will receive the check from the insurance company in about 20 days. You must then sign the check; however, Ms. Gerber will keep the check in the firm’s trust account until it clears, pursuant to Florida law.
Once the check clears, she will send you an itemized statement showing her fees and costs and stating how much you will receive. Once you approve the statement, Ms. Gerber will meet with you and issue a check for your portion of the settlement proceeds.
Will I have to file a lawsuit?
You will have to file a lawsuit only if attorney Gerber is unable to reach an agreement with the insurance company and the other party.
Will I have to go to trial?
If you do file a lawsuit, you will not necessarily have to go to trial. A small percentage of civil lawsuits actually go to trial, typically 10 to 15 percent.
What happens if I lose my trial?
If you lose at trial, you have options available to try again. Your attorney can file a motion for new trial and the court will grant the motion if something egregious happened during the trial that made it unfair. If you cannot get a new trial, you can file an appeal. The appeal process usually takes a year to 18 months. If you lose, you will not have to pay any attorney fees to your attorney, although you will have to pay a tax on some of the defendant’s trial costs, and you may have to pay some of the defendant’s costs and attorneys’ fees.
What happens if I win my trial?
If you win at trial, you can tax the defendant for certain trial costs. If the jury awards you more than the defendant offered you in settlement negotiations, the court might award you attorneys’ fees and costs, and the defendant would have to pay them. If the defendant appeals the verdict and loses, you can get interest on the judgment that accrued between the verdict and the appellate decision.