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Florida Personal Injury FAQs

At Winston Law Firm we understand how complex personal injury cases can be. Our attorneys are prepared to help explain your legal options and discuss the specifics of your case. We have also put together a list of frequently asked questions that may help explain some common legal questions.

For more information about any of the topics listed below or to discuss the specifics of your situation with an experienced lawyer, do not hesitate to contact the Florida personal injury attorneys of Winston Law Firm at (954) 475-9666.

Is Brake Checking Illegal in Florida?

Yes, brake checking is illegal in Florida. It is considered reckless driving and potentially road rage. If you brake check...

Three Degrees of Motorcycle Road Rash Injuries: What to Know

The three degrees of motorcycle road rash injuries range from superficial abrasions you can treat yourself to deeper damage injuries...

Should I Go to the Hospital After a Motorcycle Accident?

Yes! You should go to the hospital after a motorcycle accident. If emergency medical services arrive at the scene and...

Is Florida a No-Fault State?

Yes, Florida is a no-fault state for car insurance. This means every driver is required to carry Personal Injury Protection...

10 Most Common Road Hazards That Cause Motorcycle Accidents

Other drivers are just one of the most common road hazards that cause motorcycle accidents.  As a biker, it takes...

What Percentage of Motorcycle Accidents Are the Rider’s Fault?

Riders are found at fault in roughly 30% to 40% of motorcycle accidents involving other vehicles, based on data from...

7 Most Common Causes of Death in Motorcycle Accidents

The most common causes of death in motorcycle accidents include head trauma, chest and spinal injuries, and collisions involving impaired...

At What Speed Are Most Motorcycle Accidents Fatal?

Motorcycle accidents are most often fatal when the rider is traveling at speeds above 55 mph, with higher speeds dramatically...

People Most At-Risk for Pedestrian Accidents

Every day, millions of Americans share our roads, whether behind the wheel or on foot. From daily commutes to leisurely...

Should I Go to the Doctor After a Minor Motorcycle Accident?

Yes, you should go to the doctor after a minor motorcycle accident. Have a doctor evaluate you within days of...

Do I Have to Report a Minor Car Accident to My Insurance?

You don't have to report a minor car accident to your insurance, but it is in your best interest to...

10 Dangers of Daytona Bike Week & Spring Break

If you have ever been to Daytona Bike Week, you know how much fun it is. If you are considering...

Daytona Bike Week Motorcycle Accident Lawsuits

Daytona Bike Week is a 10-day annual celebration of the biker lifestyle the first week of March (schedule sometime varies),...

What to Expect After a Motorcycle Accident

After a motorcycle accident, taking the right steps is crucial to protect your health, rights, and future. Immediately following the...

7 Most Common Motorcycle Accident Injuries

Because of the nature of motorcycles and the lack of protection they offer, common motorcycle injuries are often severe or...

Florida Motorcycle Accident Lawsuit Statute of Limitations

In Florida, you generally have two years from the date of a motorcycle accident to file a personal injury lawsuit....

Who Pays My Medical Bills After a Motorcycle Accident?

Who pays your medical bills after a motorcycle accident depends on liability. If you ride your motorcycle and a motorist...

How to Find the Best Motorcycle Accident Lawyer

When pursuing compensation following a serious motorcycle accident, it’s crucial to select an experienced motorcycle accident attorney who can help...

How to Find the Best Car Accident Lawyer

When seeking compensation after a serious car accident, it is essential to choose an experienced car accident attorney who can...

How to Find the Best Personal Injury Lawyer

When attempting to recover compensation after suffering a serious injury, it is critical that you choose an experienced personal injury...

How Long Does a Car Accident Case Take to Settle?

The length of time needed to settle a car accident case will vary depending on several factors. If you were...

How to Get Pothole Damage Reimbursement in Florida

If you're unsure how to get pothole damage reimbursement in Florida, our firm can help you with the claims process...

How to Get a Police Report for a Car Accident in Florida

To get a police report for a car accident in Florida, you can request it online through the Florida Highway...

How to Have a Successful Relationship With Your Personal Injury Lawyer

Having a successful relationship with your personal injury lawyer requires respect, clear communication, and mutual trust. When you work closely...

Can You Fire Your Personal Injury Lawyer?

You can fire your personal injury lawyer. Whether it’s due to communication issues, differing views on case strategy, or feeling...

6 Questions to Ask a Truck Accident Lawyer

If you have been in a truck accident, you may have questions that only a lawyer can correctly answer. But...

Who Is Responsible for Road Debris Damage in Florida?

The person or company responsible for road debris damage in Florida depends on your situation. If you are unsure who...

What Does a Personal Injury Lawyer Do?

Suffering an injury due to someone else's negligence can be an overwhelming and stressful experience. Not only are you left...

Twenty Questions to Ask a Personal Injury Lawyer

If you or a loved one suffered injuries in an accident, you may be considering taking legal action to recover...

What to Expect When Meeting a Personal Injury Lawyer

If you or a loved one has been hurt in an accident, you may be considering taking legal action. An...

What to Do After a Car Accident Not Your Fault

Being involved in a car accident that wasn't your fault can leave you feeling shaken, overwhelmed, and unsure of what...

What to Do When You Get Into a Car Accident

Being involved in a car accident can be an incredibly jarring and stressful experience. No matter how minor or major...

Wrongful Death Statute of Limitations in Florida

Losing a loved one due to someone else's negligent or wrongful actions is an unimaginable tragedy. Besides the profound emotional...

Why Is My Car Accident Settlement Taking So Long?

Enduring lengthy delays while awaiting a car accident settlement can be frustrating, especially when you're juggling medical bills, lost wages,...

Brad Winston plays key role in establishing the American Council of Motorcycle Attorneys

Winston Law Firm proudly announces that Founding Partner Bradley Winston is a distinguished founding member of the American Council of...

How Much Does a Car Accident Lawyer Cost?

When you've been injured in a car accident caused by someone else's negligence, the prospect of taking on insurance companies...

What’s the Average Settlement for a Wrongful Death in Florida?

Losing a loved one in a wrongful death situation is devastating, and it comes with not only grief but practical...

How Long Does a Motorcycle Accident Lawsuit Take to Settle?

The duration of a claim's settlement after a motorcycle accident can vary significantly. Factors such as the complexity of the...

How Long Does a Motorcycle Accident Lawsuit Take?

Navigating the aftermath of a motorcycle accident can be overwhelming, especially when it comes to seeking legal recourse through a...

Is Lane Splitting Legal in Florida?

The straightforward answer to the question, "Is lane splitting legal in Florida?" is no. As outlined in Florida Statute 316.209,...

Does Health Insurance Cover Motorcycle Accident Injuries?

Motorcycle accidents can result in severe injuries, often requiring extensive medical treatment. In such unfortunate events, individuals may wonder about...

Top 5 Road Hazards for Motorcyclists in Florida

Florida's scenic landscapes and beautiful weather make it a haven for motorcyclists. However, riding in the Sunshine State comes with...

Anatomy of a Motorcycle Accident

From collisions with other vehicles to road hazards and rider errors, the intricacies of motorcycle accidents are explored in depth....

Do Grass Clippings Cause Motorcycle Accidents?

Every rider knows the importance of staying vigilant and being aware of potential hazards on the road. From potholes to...

8 Questions to Ask a Motorcycle Accident Lawyer

Being involved in a motorcycle accident can be a traumatic experience, often resulting in physical injuries, emotional distress, and financial...

10 Spring Motorcycle Safety Tips for Florida Riders

Springtime in Florida is a thrilling season for motorcyclists. With the sun shining, the breeze blowing, and the roads beckoning,...

What does No-Fault Mean in Florida?

In a state where fault is not typically the determining factor in car accident liability, understanding the concept of no-fault...

When do Most Motorcycle Accidents Occur?

Motorcycles offer a thrilling and liberating experience on the open road, but they also come with a heightened risk of...

What’s the Average Settlement for a Motorcycle Accident?

After the trauma of a motorcycle crash, one question injured riders often have is, “How much can I expect my...

Help! My Car Was Hit, and Their Insurance Won’t Pay

Getting into a car accident is a nightmare scenario for any driver. But what happens when you're not at fault,...

Most Common Causes of Motorcycle Accidents

Negligence is a primary factor in many motorcycle accidents that result in painful injuries. Whether due to distraction from cell...

How Can Blind Spots Hide Road Hazards?

Have you ever wondered why blind spots exist in vehicles? It seems like a design flaw that can hide potential...

Should I Go to the Hospital After a Minor Car Accident?

No matter how small, being involved in an automobile accident is always scary. You might not know what to do...

Can Someone Sue You for a Minor Car Accident?

Most minor fender benders and low-speed collisions don't result in serious injuries or heavy property damage. However, that often doesn't...

Why Is It Important to File a Police Report After a Collision?

In the chaos and confusion of an auto accident, one question that often arises is whether or not to file...

Do You Need Motorcycle Insurance in Florida?

There is no legal requirement for motorcycle riders in Florida to obtain motorcycle insurance. However, purchasing this insurance is still...

What Is Medical Malpractice in Florida?

When you require medical attention, you expect that the people working at the hospital or doctor's office where you are...

Who Is Liable in a Road Hazard Accident in Florida?

If you were injured in a road hazard accident in Florida, recovering compensation can be critical for getting your life...

6 Steps to Take After a Car Accident

Following a car accident, there are several steps you can take to help protect your physical, mental, and financial well-being....

Can You Sue for Emotional Distress in Florida

Emotional distress can have a profound impact on a person's life, causing significant pain and suffering. Unfortunately, in some cases,...

How Much Is Pain and Suffering Worth?

If you've been injured in a motorcycle accident, car wreck, slip and fall, or another type of incident, you might...

What Should You Do if You Injured Someone Else in a Car Accident?

Knowing what you should do if you've injured someone else in a car accident can help them get the care...

How to Prove Pain and Suffering in Florida

Suffering from pain and mental anguish after an accident can be deeply challenging. Yet insurers may try denying claims for...

What Is the Average Settlement for a Car Accident in Florida?

The seconds after a jolting car accident are disorienting. Once the dust settles, making sense of what happened and determining...

5 Signs You Should Go to the Hospital After a Car Accident

If you’ve been involved in an auto collision, you might wonder whether you should seek medical attention. While seeing a...

What does a Car Accident Lawyer Do?

After an auto collision, your friends and family might tell you to consider hiring an attorney to help you seek...

Who Is At Fault in a T-Bone Accident?

If you've been involved in a t-bone accident, you're probably wondering who will be held responsible for your medical bills,...

How Long After a Car Accident Can You Sue in Florida?

Being in a car accident can leave you reeling. Between injuries, vehicle damage, lost income, and mounting bills, you already...

Who Is at Fault in a Left-Turn Car Accident?

You're driving along, minding your own business, when suddenly a driver making a left turn appears right in your path....

Average Settlement for Car Accident Back and Neck Injury in Florida

Few experiences disrupt life as abruptly as a serious car accident. Physical suffering, emotional trauma, and financial uncertainty all suddenly...

How Design Defects Can Hurt You

When a product is poorly designed, it can easily cause serious injury or illness to an unsuspecting consumer. Many design...

Causes of Mercury Poisoning

Mercury poisoning, while not the most common cause of premises liability lawsuits, still makes up a high number of these...

Dangers Posed by Reckless Truck Drivers

The transport of goods across states is essential for the U.S. economy, but the drivers responsible for doing the transportation...

What is a surgical error?

Surgical errors are mistakes committed by doctors, nurses, and other medical professionals before, during, or after a surgical procedure that...

Can I make a claim for toxic substance exposure?

Yes. If you have been exposed to a toxic substance for a prolonged period of time or in heavy amounts...

When can I file a “Slip and Fall” claim?

Although many slip and fall accidents are a result of a person’s own clumsiness, others are due to a premises...

The Dangers of Mercury Poisoning

The Dangers of Mercury Poisoning Mercury comes in a variety of forms, ranging from vapors to solids, all of which...

What is pharmaceutical liability?

Pharmaceutical liability is the area of tort law which allows for any person who has been injured by a pharmaceutical...

Who will pay the damages?

Once your case has been decided and you are awarded compensation for your injuries, the actual damages must be paid...

Who can file for a wrongful death claim?

When a person’s negligent or reckless actions lead to another person‘s death, the individual responsible could be held liable under...

What is strict liability?

Strict liability is an important part of tort law that states a person is liable for another person’s injuries or...

What is a deposition?

A deposition is a sworn statement made by a witness for a case. Depositions are usually taken outside of the...

What is informed consent?

Informed consent is the required process of a medical professional discussing any medical procedures performed and associated risks with a...

Who decides to accept a settlement?

After a personal injury accident, the injured individual generally has two options for collecting compensation. First, the person can wait...

What is modified comparative negligence?

Modified comparative negligence is an aspect of personal injury law in Florida that allows partial blame to be assigned while...

What is common law?

“Common law” basically refers to the legal precedence set by courts and judges rather than executive or legislative decrees. For...

How do I know if I’ve been misdiagnosed?

Although it is very difficult to determine if you have been misdiagnosed by a medical professional, there are certain warning...

What is a tort?

Tort law is the basis of personal injury cases, and involves instances in which a person’s negligence or recklessness injures...

What is product liability?

Product liability law holds manufacturers, retailers, designers, suppliers, and other organizations responsible for a given product liable for any injuries...

Am I entitled to compensation?

If you have suffered a physical injury in an accident due to someone else’s actions or inaction, you may be...

Do I need to go to court to receive compensation?

No. Most often, personal injury cases are settled outside of the courtroom before anyone has to go to court. Often,...

What type of compensation could I receive?

There are two main types of compensation that plaintiffs can receive through a personal injury lawsuit. You may be entitled...

What is wrongful death?

Wrongful death is a legal claim that can be brought against individuals or groups who, because of negligence or recklessness,...

When should I hire a lawyer?

If you are injured because of another person’s reckless or negligent actions, you should contact an experienced legal professional immediately...

What is a statute of limitations?

Many personal injury cases involve a statute of limitations, or a timeframe in which injury victims may bring legal action...

What is premises liability?

When a person is injured on property that belongs to another party and the accident occurs because of the property...

What is a hit and run accident?

A hit and run accident is a type of vehicle collision after which one of the involved parties flees the...

How long will my case take?

Unfortunately, this question is impossible to answer without knowing the details of your case. Some personal injury cases are settled...

Do I need a personal injury lawyer?

Yes. Personal injury lawyers are dedicated to helping accident victims take legal action against the careless party that caused their...

Am I eligible for a personal injury case?

Any person that has been injured in an accident that was caused by the negligence of another may be able...

What damages might be available after a car accident?

The roadway is a dangerous place. Despite all the training and education that drivers receive, the nature of automotive travel...

Who is liable in the event of an animal bite?

Generally, animal owners are accountable for the actions of their animals. This is true in the case of pets as...

Are some dog breeds more aggressive than others?

While all dog breeds are capable of behaving aggressively toward humans, some are more likely to do so than others....

What is negligence?

Negligence occurs when a person fails to take the necessary steps to keep others safe. To some extent, negligence is...