DeCiccio & Johnson
Automobile Accidents
DeCiccio & Johnson handles automobile accident cases of all types and kinds. This includes motor vehicle accident (MVA) cases involving cars, trucks, vans, buses, motorcycles and virtually any vehicles operating on the public roadways as well as off-road vehicles such as bicycles, three-wheelers, mopeds, Segways and T-3’s. We at DeCiccio & Johnson handle motor vehicle and automobile accidents on the public roads and on private property throughout the State of Florida.
The basis for filing a lawsuit is that the party causing the automobile accident resulting in personal injury was at fault or negligent. In Florida, in order to file a lawsuit against the at fault party for damages which include pain and suffering, the injured party must have a suffered a permanent injury within a reasonable degree of medical certainty, scarring, disfigurement or death. Legal damages sought against the at fault party or parties also include lost wages, loss of the ability to earn wages and future earning capacity, the value of past and future medical care and the loss of the capacity to enjoy life. Obtaining suitable medical doctors for your injuries is important.
We at DeCiccio & Johnson can help you understand what insurance benefits and overages may be available from your insurance company, your health insurance provider and from the insurance company of the at fault driver or owner of the motor vehicle driven by the at fault driver.
Auto accident cases oftentimes involve questions about insurance. The injured party’s insurance and the wrongdoer’s insurance are issues we address at DeCiccio & Johnson. Review of insurance policies and available benefits for the injured party such as personal injury protection benefits (PIP) and med-pay are critical. PIP of $10,000 subject to the deductible and med-pay, if available, can be $10,000 or more based on the insurance policy.
Some insurance is primary, pays first, and some, secondary. In auto accident cases in Florida, PIP is generally primary. Some personal insurance has liens on settlements. For example, there is no lien on PIP paid, but there is a lien on med-pay benefits. Private health insurance will claim subrogation, want money back in a recovery or settlement on what they have paid. If the injured party is covered under workers’ compensation, then the workers’ compensation carrier will claim a lien on your settlement or recovery. If Medicare or Medicaid make any payments or may make payments, special rules apply.
There are automobile accidents cases where the at fault driver is uninsured or underinsured. In those cases, the automobile accident victim’s insurance policy is reviewed for uninsured motorist (UM) coverage or underinsured motorist coverage (UIM). Cases with UM or UIM issues can oftentimes be complex and involve questions about contract issues, which state law applies and sometime separate law suits against the insurance company are filed called first-party cases. Depending on the language of the policy, the UM coverage may be "stacked" resulting in greater UM coverage limits.
When insurance companies do not protect their policy holders, they breach the insurance contract or they act in “bad faith,” the insurance company can be subject to civil remedies damages in a separate suit for acting in bad faith. This is called first party bad faith. Sometimes the wrongdoer’s insurance company can act in bad faith. This is third-party bad faith.
We understand legal damages in auto accident cases, and we appreciate how auto accidents can cause pain, impact earning capacity, ruin lives and hurt families. We handle catastrophic cases, spinal cord injuries, traumatic brain injury (TBI), and herniated disc cases. We are familiar with accident reconstructionists, medical experts and life care planners, and use experts to prove damages. Some cases can be low impact high-damage cases; others can be very serious, high speed and high impact cases resulting in wrongful death or deaths.
Daniel DeCiccio and Wayne Johnson are experienced trial lawyers who have tried auto cases throughout the State of Florida. Having, over the years, represented both injured parties through the wrongful acts of others and people and corporations that were sued, give Mr. DeCiccio and Mr. Johnson the perspective of seeing the issues, claims and defenses from all perspectives.
Proper representation of the auto accident case begins from the initial client contact with an in-depth, thorough interview. It is important when you contact us, you try to have the basic information for you or your loved one or friend involved in the accident. It is best to have available a copy of the accident report or driver exchange, and have with you your insurance policy along with any medical bills, medical or hospital records and insurance information and photographs of the vehicles and your injuries. Contact us now at DeCiccio & Johnson.