Jeanne Reynaud, Personal Injury Attorney, Answers to Frequently Asked Questions:

+ Q: Do I need to pay for a consultation?

A: No. The consultation is free. Thereafter, if you and Jeanne Reynaud, P.A. enter into an agreement of representation, it will be on a contingency fee basis. **Jeanne Reynaud, P.A. will advance all costs on the file and does not collect a fee unless you collect.

+ Q: What should I bring to the consultation?

A: If you are in the possession of the following, please bring these items to the consultation – photographs, police report, insurance documents, medical records, bills, or any other information and/or documentation you have collected which pertains to your accident.

+ Q: Where is Jeanne Reynaud, P.A. law office located?

A: My office is located at 425 West New England Avenue, Suite 200, Winter Park, Florida 32789 in the Hannibal Square Historic District

+ Q: Will Jeanne Reynaud come to me to meet for the consultation?

A: Yes. Jeanne Reynaud will visit you at home, hospital, or other convenient location.

+ Q: What if the driver who hit me doesn’t have insurance?

A: Even though all drivers are required to carry insurance, many drivers do not. If you are hit by an uninsured driver and seriously injured, you can make a claim under your Uninsured Motorist coverage. Another option is to file a lawsuit against the negligent driver personally, although you may have to take further steps to enforce and collect any judgment or settlement you receive. Remember that whether you are going up against an individual, their insurance company, or even your own insurance company, the party on the other side is interested in paying as little as possible or avoiding liability at all if they can. Don’t try to negotiate on your own without the help of a seasoned personal injury attorney with a record of success.

+ Q: I may have been speeding when the accident occurred, but I know I had the right-of-way and did not cause the accident. Can I still file a claim even if I was speeding?

A: Apportioning fault is one of the most challenging yet important factors in the aftermath of a car, truck or motorcycle accident as it determines how much you can recover from that accident. If you’ve been injured in an automobile accident, liability depends on who was at fault. Florida law requires that you establish the other party acted in a negligent manner. The negligence standard varies from state to state which is why it is imperative to retain an experienced personal injury attorney who can advocate zealously on your behalf. Florida operates under a pure comparative negligence standard. This means that whatever amount you were negligent, your recovery will be limited by that amount. For example, if you are suing another driver and your actions are deemed to be 30% negligent, then your damages will be decreased by 30%. In other words, you will only be entitled to an award of 70% of your total monetary recovery. In this way, the doctrine of comparative negligence apportions negligence among the various parties involved in the accident. Under state law, you can establish negligence if the following three conditions are met: The party that injured you had a duty not to injure you but did not meet that duty The individual’s duty was related to your injury The individual’s failure to meet his or her duty is what caused your injury or damages Florida adopted the comparative negligence standard in 1973. The policy rationale behind the comparative negligence doctrine is that causes of accidents are not always black and white. Often times, accidents are the product of negligent behavior on the part of multiple parties and, thus, it is only fair that each responsible party shoulders their portion of the blame. Proving blame is usually the difficult part. Video footage, photographs and other hard evidence can make the process easier as they can provide solid answers to important questions. Typically, however, it comes down to the accounts of the drivers and potentially some witnesses. Since the outcome of an automobile accident can rest so heavily on your account of what happened, it is important to be clear and consistent about the events as it helps you establish credibility in front of a jury. Since multiple parties can be at fault, multiple insurance companies can also be involved. If you speak to the other party’s insurance company, some of your statements can be used to assign fault to you. This is why it is crucial to consult with a qualified and experienced lawyer who can deal with the insurance company for you.

+ Q: What are my rights as a motorcyclist if I’m injured by a distracted driver?

A: Insurance companies do not offer Personal Injury Protection (PIP) or limited tort coverage to motorcyclists. This means that your option for recovering compensation is limited to filing a personal injury lawsuit against the negligent driver and his or her insurance carrier. However, you will be able to recover full tort damages through a jury verdict or negotiated settlement, including damages for pain and suffering. The law does not favor injured motorcyclists, and juries often have a bias against riders as well, so make sure you hire an experienced personal injury lawyer to represent you.

+ Q: The insurance company already offered me a settlement. Wouldn’t it just be easier to take their check and get on with my life?

A: It is not at all surprising that the insurance company would offer you a check very soon after the accident. They want you to take their money before you talk to a lawyer, because the amount they offer is very far below what your case is actually worth. Accepting a settlement offer means you won’t be able to pursue the driver or insurer for any more money, even if you find out what they offered was too low to meet your needs. It is always wisest to talk to an attorney first to explore your options. Most cases do settle, but you will fare better with a settlement negotiated by your lawyer when the time is right.

+ Q: I heard that I can recover money in addition to workers’ compensation after a construction accident, but I thought workers’ comp law didn’t allow you to sue your employer. When can I pursue a claim after a workplace accident?

A: While you can’t sue your employer in most instances, you can sue a third party who is responsible for your injuries. For instance, if you are injured in a car accident while traveling between worksites or picking up supplies, the negligent driver could be liable to you. The same is true for a third party who drives onto the job site to deliver materials and strikes a worker. Additionally, if a third party negligently erects a scaffold or performs crane operations negligently, they can be liable for injuries they cause. Other types of third party liability in construction cases include property owners who maintain dangerous premises, and workers who are injured by a malfunctioning power tool or piece of equipment that was defective when it left the manufacturer.