AREAS OF PRACTICE
FREQUENTLY ASKED QUESTIONS
Personal Injury
What is a personal injury case?
It is any case where someone suffers an injury because of the negligence of another person. It could involve an auto accident, a trucking accident, a dog bite, a slip and fall accident, a defective product, or any other careless act that causes injury.
If I am involved in an accident, what should I do?
First call 911 and get medical help for anyone who is injured. Tell all the medical providers about all of your injuries no matter how minor. Some injuries get worse over time and you don’t want someone saying you didn’t injure that part of your body in the accident because you did not tell anyone about it. If possible, you should take photos of the accident scene. Most cell phones now have cameras and some have video capability.
When the insurance adjuster calls me should I speak to them?
Yes, if it is your insurance company, but NEVER GIVE A RECORDED STATEMENT TO AN INSURANCE ADJUSTER BEFORE YOU SPEAK TO AN ATTORNEY. Insurance adjuster’s jobs are to evaluate claims and try to reduce how much is paid on a claim to save their company money.
Who pays my medical bills and my lost wages?
It depends on the accident. Your health insurance or medicare/medicaid will usually pay unless it is an auto accident, then your auto insurance will pay. Your lost wages will be paid at a percentage if you are injured in an automobile accident or if you have some insurance coverage like a disability policy or if you were hurt on the job, workers’ compensation insurance will pay your lost wages. You may also be entitled to get your lost wages paid by the negligent person that caused your injury.
Who pays the rest of my losses?
The at fault party should pay you for all of the medical bills and lost wages you suffer that are not covered by insurance. Your spouse may also have a claim for his or her losses, especially if they had to miss time from work to take care of you or take on jobs you used to perform.
How do I know what type of doctor to see for my injuries?
Typically the emergency room doctor or your family doctor will help direct you to the best type of doctor to treat your injuries. We at Wieland, Hilado & Delattre can also give you their advice about various doctors and their specialties.
How much is my case worth?
Each case has a different value as no two people and no two claims are alike. How the accident has affected your life and how badly you are injured strongly determines the value of your claim. Additionally, the amount of your medical bills and how much you lost in wages are all critical factors in evaluating any case. We at Wieland, Hilado and DeLattre would be happy to further discuss how the value of your claim is determined. Just call us at 407-841-7699 or email us the information.
How do I pay my attorney?
The attorneys at Wieland Hilado & DeLattre handle personal injury cases on a contingency fee basis. This means no money out of your pocket. We get paid a fee based on a percentage of the money we are able to obtain from the at fault party or their insurance carrier, plus reimbursement of costs that we expend. If we don’t make a recovery, we don’t get paid, to include all costs that we incur.
Auto Accidents
If I am involved in a car accident, what should I do?
First call 911 and get medical help for anyone who is injured. Also, be sure that the police are called so they can properly report the accident. If you are injured, tell the officer and get medical attention immediately. If possible, you should take photos of the vehicles at the accident scene. Most cell phones now have cameras and some have video capability. Use your cell phone and take pictures of all the vehicles in the accident before they are moved. Also, take pictures of the intersection or roadway where the accident happened, if possible. Write down what the at fault driver tells you at the scene, you may not remember what was said a year later.
When the insurance adjuster calls me should I speak to them?
Yes, if it is your insurance company, but NEVER GIVE A RECORDED STATEMENT TO AN INSURANCE ADJUSTER BEFORE YOU SPEAK TO AN ATTORNEY. Insurance adjuster’s jobs are to evaluate claims and try to reduce how much is paid on a claim to save their company money. Although you may be required to give a recorded statement to your automobile insurance company, advise the adjuster, if requested, that you would prefer to give a statement when you are feeling better. This will give you time to consult with us at Wieland Hilado & DeLattre.
Who pays my medical bills and my lost wages?
Florida has a No-Fault law and you are required by law to carry Personal Injury Protection (PIP) coverage. This means that no matter who is at fault, your own auto insurance company will pay your medical bills and lost wages, at a percentage. You should contact your agent or insurance company as soon as possible after an accident to report the accident.
How much does my insurance pay?
By law the insurance company pays 80% of your medical bills and 60% of your gross lost wages. Your individual policy may provide for higher payments and your attorney can review your policy and coverage and tell you specifically what you are entitled to be paid. We at Wieland Hilado & DeLattre recommend that you purchase more than the basic insurance coverage and that you buy “Medical Payment” coverage. This will make sure that 100% of your medical bills are paid up to the level of your coverage.
Who pays the rest of my losses?
The at fault party should pay you for those bills and lost wages not paid by your insurance company. In addition, you may be entitled to be compensated for your aggravation, pain and suffering, loss of enjoyment of life and other items that we call “non economic damages.” Your spouse may also have a claim for his or her losses, especially if they had to miss time from work to take care of you or take on jobs you used to perform.
If I have health insurance will it pay my medical bills in addition to my auto insurance?
Yes, your health insurance can and will pay medical bills that are not covered by your auto insurance. However, your health insurance carrier may have the right to recover a portion of what they pay out from any settlement that is reached. This is called subrogation. Your attorney can help explain this to you.
What if I have Medicare or Medicaid?
Medicare, Medicaid and the VA may pay your medical bills as well. If so, they too will have the right to “subrogate” against any settlement.
How do I know what type of doctor to see for my injuries?
Typically the emergency room doctor or your family doctor will help direct you to the best type of doctor to treat your injuries. We at Wieland Hilado & DeLattre can also give you their advice about various doctors and their specialties.
What if the other driver doesn’t have insurance?
In Florida, statistics have shown that about 1/3 of the drivers on the road do not have insurance or enough insurance. That number may be higher if your accident happens between 11:00 p.m. and 3:00 a.m. In Florida, you have the option to purchase uninsured motorist coverage, commonly referred to as UM. This insurance will compensate you if the at fault driver doesn’t have insurance or doesn’t have enough insurance. This is the most important insurance coverage you can purchase and we at Wieland Hilado & DeLattre recommend everyone carry UM coverage.
What insurance coverage do I need to have on my car?
The law only requires you to carry personal injury protection (PIP) and property damage coverage. Your agent may tell you have “full coverage” but “full coverage” does not tell you what coverage you have or what you need. We at Wieland, Hilado & DeLattre recommend that you also purchase medical payment coverage, uninsured motorist coverage, bodily injury coverage, collision coverage and comprehensive coverage. We would be happy to review your policy with you and explain to you what your current policy provides.
What is “stacking” for Uninsured Motorist coverage and do I need it?
Stacking simply means that it is unrestrictive. If you have two cars and had $10,000 stacking UM on each vehicle and were involved in a car accident, you would have a total available UM coverage of $20,000.00. If you were a passenger in someone else’s car, you could stack your UM on top of their UM to get more available coverage. We recommend that you buy stacking coverage as it only costs a few dollars more and provides you with additional and valuable coverage.
How much is my case worth?
Each case has a different value as no two claims are alike. How the accident has affected your life, how badly you are injured, the amount of your medical bills, and how much you lost in wages and will lose in the future, are all critical factors in evaluating any case. We at Wieland Hilado & DeLattre would be happy to assess the value of your claim. Just call us at 407-841-7699 or email us the information.
How do I pay my attorney?
The attorneys at Wieland Hilado & DeLattre handle auto accident and trucking accident cases on a contingency fee basis. This means that we get paid a percentage of the money we are able to recover from the at fault party or their insurance company. If we don’t make a recovery, we don’t get paid. Most attorneys handle auto accident and trucking accident cases in this manner as most people who are injured are not able to work and don’t have the money to pay the attorney on an hourly basis.
Workers Compensation
How can I find out who is the insurance company for my employer?
The law requires your employer to put up a poster listing the insurance information for your employer. This is the broken arm poster that you have probably seen but not paid much attention to. It will have the insurance company information and numbers to call to report an injury and accident. You can also go to the Florida Department of Financial Services’ website, which is www.fldfs.com to determine if your employer has workers’ compensation coverage and the name of the insurance company.
If my employer won’t report my injury to the insurance company, what do, I do?
You can report the accident and your injury directly to the State of Florida by calling 1-800-342-1741. The Employee Assistance Office will be happy to help you and will contact both your employer and the insurance company to get the claim set up.
Do I have to give the insurance company a recorded statement?
No, you do not. It is not required for you to give a recorded statement to get your benefits. Do not give a statement and if an adjuster tells you that you have to give a recorded statement to get your benefits, you should report the adjuster to the Florida Insurance Commissioners Office.
Do I have to give the insurance company my Social Security number?
No, you do not have to give your Social Security number to anyone in a workers’ compensation case to get benefits. You do not have to give it to the hospital, the doctor, or the insurance company. We at Wieland, Hilado & DeLattre recommend that you do not give out your Social Security number due to the severe problems with identity theft going on at this time.
What are my rights and benefits?
It is best to contact an attorney for the specifics based upon your injury, but generally you are entitled to have your medical bills paid and your lost wages paid. To get paid for lost wages, you must be out of work for more than 7 days.
Can I get paid for my pain and suffering and my inability to do those things I love to do, like fishing, hunting, bowling, etc.?
No, the workers’ compensation laws specifically prevent you from getting paid for this.
Can I get paid mileage for going to and from doctors?
Yes. Not only does the insurance company have to pay you for your mileage to and from doctors, they also have to pay for mileage to and from therapy, medical testing, pharmacies, and any other place that you may have to go to get medical care. If you are not physically able to drive, the insurance company may have to provide you with transportation and a driver to take you there and back. If you can’t drive and you get a friend or family member to drive you, they can also get paid for mileage.
Do I have the right to pick my own doctor to treat me?
No, currently the law only allows the insurance company and your employer to choose the doctor to treat you. At Wieland Hilado & DeLattre we are working very hard to convince the lawmakers in Tallahassee to change this. The only thing the law allows you to pick is the pharmacy where you want to get your prescriptions filled. But we would recommend you contact us before the insurance company chooses a doctor for you.
Will my employer have to hold my job open for me until I am able to return to work?
Probably not. Unless you qualify for and apply for Family Medical Leave. Under the federal law known as the Family Medical Leave Act, Florida law does not require your employer to hold your job open for you. If you qualify, federal law does require your employer to hold your job open for you for up to 12 weeks.
Can I settle my case?
YES, most insurance companies and employers do allow for settlements in workers’ compensation cases but we do not recommend settling a workers’ compensation before contacting us.
How much is my case worth?
Each case is different. Some of the factors that are considered are the significance of the injury, how much money was being earned at the time of the accident, does the injury prevent you from going back to your old job, what type of future medical care will be needed, your age, your education, your work history. To know the value of your case, you should contact us at Wieland Hilado & DeLattre. We will be happy to provide you with information to help you evaluate your case and tell you the truth about the value of your case. Do not trust an insurance adjuster to tell you the value of your case. NEVER EVER let an insurance adjuster convince you to give them a demand without consulting an attorney. The adjuster’s job is to pay as little as possible to save the insurance company money.
What does it cost me to hire an attorney?
Most cases do not require you to pay the attorney when you first hire them. Most attorneys will accept a percentage of the benefits that the attorney gets you on your case or paid by the insurance company. Fees are also paid at the time of the settlement, based on a percentage under Florida Statutes.
What happens if I can’t go back to my old line of work?
The law provides that in some cases a person injured on the job who cannot return to his or her prior type of work can get retrained or attend schooling and the fees are not paid by the injured worker. In addition, the injured worker can also get paid by the insurance company lost wages while they are in school or in an approved retraining program.
How do I decide on which attorney to hire?
Referrals from other people or other lawyers are a good source. You should always check on the qualifications of the attorney. You can do that by going to www.lawyers.com The Florida Bar Association also provides attorneys with a rigorous program and test to determine their proficiency in many particular areas. If they pass the test and all of the other qualifications, they can become Board Certified. Mr. Wieland and Mr. Hilado are both Board Certified in the area of Workers’ Compensation. Call us and we will be happy to send you the qualifications of all of our attorneys.
