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James Magazine’s Answers

317 total


  • Involved in accident in Florida. Not at fault. I had no insurance. Can I submit certain medical docs and not sign release?

    I was "T-boned" by a vehicle running a red light traveling 60 in a 45 mph zone, (as stated by several witnesses). At this time, I am going to deal with the insured's company directly. I have all of my medical docs, including x-ray, MRI & misc...

    James’s Answer

    insurance companies handle unrepresented victims unfairly all the time. it is imperative that they disclose to you what there insured's policy limits are and whether or not their insured has umbrella coverage. unless you have completed all of your treatment and are not planning on having additional treatment i would no submit any documentation to them. i think all the attorneys that have responded agree no matter what they will not treat you fairly. if you are going to retain a lawyer, make sure that lawyer is a board certified trial lawyer. remember insurance companies know which attorneys take them to court and which ones don't. you don't want to hire an attorney that the insurance companies don't respect

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  • I got rear ended while at a red light and my neck and back were injured. I went to the ER from the scene. What's next?

    The insurance company is responding but I need medical attention. Should I contact a lawyer to be safe, I'm not at fault. Just in a lot of pain.

    James’s Answer

    if you are still experiencing problems with your neck or back you should hire an experienced personal injury attorney who is board certified. i would strongly suggest that any doctor you see order MRI's of your neck and back if they are still causing you significant problems in order to determine if you have an Emergency Medical Condition which would allow you to use all $10,000 of your PIP coverage

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  • I had an accident t-bone and the defendant has no insurance , so I have to use my UM Insurance. what is $ 100,000.00

    My question is , if I fight my Insurance , because of no communication (Bad faith ) , will my limit be all the time $ 100,000.00 or could I get in the court more , because my cost is higher

    James’s Answer

    you must first file what is called a CRN a civil remedy notice, this is filed with the insurance commissioner, this gives your insurance company an additional 60 days to pay the policy limits. i would strongly suggest that you contact an attorney to help you fill the same out. once the CRN has expired if you get a jury verdict in excess of the $100,000, the following events will happen the court will remit the verdict down to 100k, without prejudicing your right to seek the additional amount. then you will have to retain bad faith counsel to obtain the remaining portion of the judgment. my office has obtained many excess verdicts and have alot of experience with these issues. we also have an office located in spring hill

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  • What do we do now??

    my husband was hit by a truck while riding his bike. the police report says the other party failed to stay in his lane. my husband has a broken leg and a scar across his back as well as back pain. the witness stated she saw the other party run of...

    James’s Answer

    first get a copy of your file from your prior attorney, see if they received a copy of the trucks insurance policy, it is possible that they are driving without Bodily injury insurance which we can thank our wonderful republican legislature for. if that is the case then you need to look on your own auto insurance policy to see if you carry uninsured/underinsured motorist coverage. when you retain your next lawyer make sure they are board certified

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  • How much force and a bouncer use against a girl?

    i was at a bar over the weekend and needless to say 3 bouncers where on me... i am a girl, im 5'6" and 150 ( so average to smaller size)... i was put in a "full nelson" and pulled by my hair... then they took my arm put it behind my back and did l...

    James’s Answer

    you need to retain a lawyer that handles what i will describe as excessive force cases. it is important to find witnesses who will testify as to what happened and why you were being asked to leave the bar. the bouncers are allowed to use what is described as reasonable force for the situation. it is likely there statement will be you were out of control and that is the only way they were able to subdue you and get you out of the bar. if the bouncers did use excessive force there would be no claim against the bar unless you sustained injuries as a result of the same.

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  • I was involved in an accident where the vehicle in front of me collided with a car that was going in the other direction and

    became airborne into the path of N bound traffic.The impact of that crash sent the vehicle ahead of me in a spin sent them into my path as I was trying to avoid it all by swerving off the road. He then hit me head on and the other vehicle took a h...

    James’s Answer

    if the driver of vehicle that struck has done nothing wrong to cause the accident then florida law does not provide a cause of action. you need to look to your own policy to see if you carry uninsured/underinsured motorist coverage.

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  • Insurance will not respond to my demand letter for a personal injury claim(2wk deadline) What next?

    I was in retail store, heavy sharp item(8 lbs) fell hit me on head knocked me out black eye & concussion medical bills 5K. I sent demand letter to simply pay medical and close claim they ignored. There was a formal report,proof of medical bills,...

    James’s Answer

    you need to hire a lawyer immediately. the risk management will probably never respond to your letter. it is imperative that a lawyer get involved hopefully soon to make a request to preserve any video evidence. this needs to happen within 30 days of the incident. closed head injuries need to be treated and documented carefully you need to get mri's of your brain to establish your closed head injury.

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  • My son was in accident on 1/14/2013. Was other girls fault who pulled out in front of him & is a police report citing her.

    I had no insurance at the time, but was her fault & my truck is totalled. She will not give my son her insurance information & not heard from her since. My son is also having back pain that needs checked out as soon as possible. Please advise me ...

    James’s Answer

    under the new pip law your son needs to get medical treatment within 14 days of the accident to preserve his right to no fault benefits. your son needs to get checked out by either a chiropractor or a orthopedic dr who specializes in treating individuals who have been in car accidents. i would also suggest that you and your son consult an attorney

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  • Ok question how does car insurance work like Uninsured Motorists when i get hit by a drunk driver thats has no bodily injury

    ok my pip has exhausted.i had 3 injection and they did not work. i need back surgery i was told by the lawyer helper that i should not have surgery done until after the case is settle. because my Uninsured Motorists is only 25000/50000 so how do...

    James’s Answer

    i disagree, what needs to happen if a surgeon has recommended surgery is to submit a demand to your insurance company under your UM provisions. if your insurance company doesnt pay then your attorney should submit a CRN which gives the insurance company an additional 60 days to tender. after that time should they not tender you may be entitled to damages in excess of your UM policy limits. you need to make sure your attorney is familiar with this process

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  • I have 1 auto and 1 personal injury and need my atty to return my call I was broadside by another car 3 days ago

    I need the atty to return my call. The atty office mng was to request medical records for my auto. She did not. All 5 offices it was not done. I have known these offices for years they would not lie. I got the records to her from all 5 offices in ...

    James’s Answer

    you need to hire a lawyer that will personally meet with you to discuss your case and who understands your complex medical conditions and how your car accident and potential new injuries or aggravation of your previous injuries come into play in all of your cases. you may contact my office any time to request a personal meeting.

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