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John Michael Phillips
Avvo
Pro

John Phillips’s Answers

1,978 total


  • I was rear-ended. Can I file a claim without a police report?

    Hello. I was rear-ended one week ago. There was no visible damage to my vehicle, so did not call the police. Now, one-week later, the pain in my neck and shoulder have not subsided. I do not have the other drivers name or insurance information...

    John’s Answer

    You can still make a claim.

    ACCIDENT TIPS

    First, get to a doctor and document your injuries. Not only does being proactive help your health, but insurance carriers always look to use evidence against you- how long you took to get to a doctor, what you complained about or didn't complain about and the like. Go, be honest and detailed.

    Second, call your insurance carrier and make a claim and/or call a lawyer. We don't want clients giving statements without discussing it. All too often, injury victims will say they are "fine" or "not that bad" and that will haunt then if their injuries take a turn for the worse. The ER will only really tell you if you have broken bones or major issues. They leave the bulging discs, herniated discs, shoulder tears and the like to later treating doctors. These injuries can show themselves over time.

    Many of our clients are hurting, struggling and hoping they get better, but aren't. You get one shot at recovery. Lawyers must make sure the insurance companies are acting fairly. John worked 8 years for these companies and big businesses and could write a book about ways they use your desire to be fair and reasonable against you.

    While all lawyers are allowed to advertise and anyone can basically handle a personal injury case, only Board Certified attorneys are allowed to identify themselves as an "expert" or as "specialist." Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the area by the Supreme Court of Florida. It also means the lawyer is known for trials- pushing beyond low offers by defendants, passed a peer review and passed a tough exam.

    Insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to their Board of Directors. Attorneys matter. Defendants and their carriers change their gameplan when an experienced lawyer is involved.

    For that reason - and the misinformation by TV lawyers and referral services- is why people should select lawyers carefully. Also, make sure it is the lawyer who shows up and not a mere investigator. You are haring a lawyer and deserve their time. Also, ask for sample closing costs. Some lawyers charge for faxes, phone calls, scanning, postage, and even "in house courier" charges and even interest in these charges.

    Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRES knowledge about medical science and biomechanics (the forces on a body in a wreck or a fall) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim.

    The good news is lawyers like us offer free consultations. and you owe us nothing unless we settle or get a verdict on your case. So contact an Avvo lawyer licensed in Florida to proceed.

    See question 
  • Do some attorneys like to quickly file suit to obtain 40% in personal injury?

    ive looked up cases and it appears some/most personal injury attorneys never go to court and some file almost every case. example: a one man firm does not have a permanent office, shares secretary, but filed almost 30 cases last year while others,...

    John’s Answer

    It depends on the lawyer. Lawyers and clients should discuss these matters up front.

    For some of the reasons you cited - and the misinformation by TV lawyers and referral services- is why people should select lawyers carefully. Also, make sure it is the lawyer who shows up and not a mere investigator. You are haring a lawyer and deserve their time. Also, ask for sample closing costs. Some lawyers charge for faxes, phone calls, scanning, postage, and even "in house courier" charges and even interest in these charges.

    Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRES knowledge about medical science and biomechanics (the forces on a body in a wreck or a fall) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim.

    See question 
  • I was a passenger in my husband car over the weekend, we were rear ended at full speed, our car was stopped in traffic.

    Since then, My left side of my neck and body is in pain. I am not sure what I need to do.

    John’s Answer

    Call a local lawyer.

    Here are some ACCIDENT TIPS:

    First, get to a doctor and document your injuries. Not only does being proactive help your health, but insurance carriers always look to use evidence against you- how long you took to get to a doctor, what you complained about or didn't complain about and the like. Go, be honest and detailed.

    Second, call your insurance carrier and make a claim and/or call a lawyer. We don't want clients giving statements without discussing it. All too often, injury victims will say they are "fine" or "not that bad" and that will haunt then if their injuries take a turn for the worse. The ER will only really tell you if you have broken bones or major issues. They leave the bulging discs, herniated discs, shoulder tears and the like to later treating doctors. These injuries can show themselves over time.

    Many of our clients are hurting, struggling and hoping they get better, but aren't. You get one shot at recovery. Lawyers must make sure the insurance companies are acting fairly. John worked 8 years for these companies and big businesses and could write a book about ways they use your desire to be fair and reasonable against you.

    While all lawyers are allowed to advertise and anyone can basically handle a personal injury case, only Board Certified attorneys are allowed to identify themselves as an "expert" or as "specialist." Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the area by the Supreme Court of Florida. It also means the lawyer is known for trials- pushing beyond low offers by defendants, passed a peer review and passed a tough exam.

    Insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to their Board of Directors. Attorneys matter. Defendants and their carriers change their gameplan when an experienced lawyer is involved.

    For that reason - and the misinformation by TV lawyers and referral services- is why people should select lawyers carefully. Also, make sure it is the lawyer who shows up and not a mere investigator. You are haring a lawyer and deserve their time. Also, ask for sample closing costs. Some lawyers charge for faxes, phone calls, scanning, postage, and even "in house courier" charges and even interest in these charges.

    Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRES knowledge about medical science and biomechanics (the forces on a body in a wreck or a fall) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim.

    The good news is lawyers like us offer free consultations. and you owe us nothing unless we settle or get a verdict on your case. So contact an Avvo lawyer licensed in Florida to proceed.

    See question 
  • We want to know if we can file criminal charges against my brother in law in the death of my sister.

    My sister passed away August 10th from staph pneumonia. She had epilepsy (which her husband with a biology degree knew) and he said she aspirated into her lungs during the seizure. He waited two days to bring her to the doctor, and only because he...

    John’s Answer

    You can file a police report and potentially can make a civil claim for wrongful death. We have handled similar cases based on neglect of medical attention and recovered substantial settlements. It is fact dependent.

    See question 
  • What is the next step if you are in a rear end accident?

    My husband was rear ended today. The other driver received a ticket for reckless driving. He told the officer that his neck hurts. What is our next step?

    John’s Answer

    ACCIDENT TIPS

    First, get to a doctor and document your injuries. Not only does being proactive help your health, but insurance carriers always look to use evidence against you- how long you took to get to a doctor, what you complained about or didn't complain about and the like. Go, be honest and detailed.

    Second, call your insurance carrier and make a claim and/or call a lawyer. We don't want clients giving statements without discussing it. All too often, injury victims will say they are "fine" or "not that bad" and that will haunt then if their injuries take a turn for the worse. The ER will only really tell you if you have broken bones or major issues. They leave the bulging discs, herniated discs, shoulder tears and the like to later treating doctors. These injuries can show themselves over time.

    Many of our clients are hurting, struggling and hoping they get better, but aren't. You get one shot at recovery. Lawyers must make sure the insurance companies are acting fairly. John worked 8 years for these companies and big businesses and could write a book about ways they use your desire to be fair and reasonable against you.

    While all lawyers are allowed to advertise and anyone can basically handle a personal injury case, only Board Certified attorneys are allowed to identify themselves as an "expert" or as "specialist." Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the area by the Supreme Court of Florida. It also means the lawyer is known for trials- pushing beyond low offers by defendants, passed a peer review and passed a tough exam.

    Insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to their Board of Directors. Attorneys matter. Defendants and their carriers change their gameplan when an experienced lawyer is involved.

    For that reason - and the misinformation by TV lawyers and referral services- is why people should select lawyers carefully. Also, make sure it is the lawyer who shows up and not a mere investigator. You are haring a lawyer and deserve their time. Also, ask for sample closing costs. Some lawyers charge for faxes, phone calls, scanning, postage, and even "in house courier" charges and even interest in these charges.

    Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRES knowledge about medical science and biomechanics (the forces on a body in a wreck or a fall) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim.

    The good news is lawyers like us offer free consultations. and you owe us nothing unless we settle or get a verdict on your case. So contact an Avvo lawyer licensed in Florida to proceed.

    See question 
  • Can i find a lawyer who will accept 33% NET for a premises injury?

    The case has photographs depicting liability very clearly. i have medical insurance and could utilize that without involving an attorney and could initially send a demand letter myself. Unfortunately, someone in my family was burned in the past an...

    John’s Answer

    All should be discussed with the firm up front. Costs can add up and we've seen lawyers nickel and dime clients to death, not negotiate liens and other matters.

    See question 
  • What types of case fees are reasonable and unreasonable in personal injury?

    i am considering a 33/40 agreement in personal injury. i understand that most attorneys want their client to pay for case costs but because this is so broad, i would love clarification. i dont mind paying for records,copies, filings, court fees, m...

    John’s Answer

    Ask these questions to the attorneys you are interviewing. Ask them to send sample closing statements. We don't charge in house costs but I've seen some lawyers charge for opening files, mileage to even get to you, scanning, faxing, research, long distance, and "in house courier" whatever that is.

    Find a board certified civil trial lawyer who is not in a large advertising firm. You will often get more and pay less.

    See question 
  • My sons attorney represented my son and his girlfriend for a very serious auto accident.how to sue him for fraud .

    My son had very bad concussion and very injured lawyer took case for both parties involved and sue my sons dads insurance for my son and gave my sons girlfriend half of my sons settlement from insurance without the knowlegde of my son it was alot ...

    John’s Answer

    • Selected as best answer

    There should have been informed consent signed. This should be addressed by those who signed the contracts, see what they signed and possibly involve the Bar or a legal malpractice lawyer if proper measures were not taken.

    See question 
  • In legal terms when they speak of mental illness and gun control. What mental people are they saying should not have a gun?

    What laws do they want to bring about? Because that could mean over half of America may be banned from owning a gun. There are a huge variety of mental problems. ADD/ADHD, Depression, anxiety. Then you have those like Schizophrenia, extr...

    John’s Answer

    This is not a legal question- it is a political and philosophical one.

    See question 
  • I was driving a friends car in florida. i was hit by a driver with insurance coverage. The vehicle i was driving has no coverag.

    the other driver was cited for the accident. how will i get my medical bills paid?

    John’s Answer

    You have applicable PIP coverage or need to make a BI or UM claim. Call a lawyer to help you sort out the details and maximize the value of your case.

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