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Injured in a Florida Car Accident While Riding or Driving Someone Else’s Vehicle

Tue, 13 May 2025 15:52:14 GMT

Being involved in a car accident is stressful enough. But what happens when you’re not the owner of the vehicle—either as a passenger or someone borrowing a friend’s car?

In Florida, personal injury claims can get complicated in these situations. Whether you're recovering from injuries or overwhelmed by insurance questions, it's important to understand your rights and the steps you need to take., if damages exceed the owner’s coverage, your own auto insurance (if you have it) may kick in as secondary coverage. You could still be personally liable if:

The accident was due to your negligence
You were driving without the owner’s permission
The vehicle was uninsured or underinsured

It's important to seek legal advice quickly, especially if you're unsure how much coverage is available or who’s legally responsible.

Legal Options for Injured Passengers or Non-Owners

Whether you were injured as a passenger or driving someone else’s car, don’t assume insurance companies will treat you fairly. They may try to shift blame, delay payments, or offer lowball settlements. Florida law allows injury victims to pursue:

Medical expense reimbursement
Lost wages
Pain and suffering
Long-term disability compensation

The statute of limitations in Florida for most personal injury cases is now 2 years , so it’s crucial to act fast. A personal injury attorney can help you gather evidence, file claims, and negotiate with insurance providers so you can focus on healing.

Call Us for Free Legal Help — 24/7

If you were injured as a passenger or while driving someone else's vehicle in Florida, you have rights—and you don’t have to face the process alone. Retamar & Millian Personal Injury Attorneys are here to help you recover what you de Injured as a Passenger in a Florida Car Accident

If you were a passenger during a car accident in Florida , you may not know who’s responsible for covering your injuries. Florida’s no-fault insurance law requires most drivers to carry Personal Injury Protection (PIP) , which typically covers passengers, regardless of who was at fault.

You may be entitled to compensation through:

Your own PIP coverage (if you have it)
The driver's insurance of the vehicle you were in
The at-fault driver’s bodily injury coverage

If your injuries are serious (permanent injury, significant scarring, or loss of function), you may step outside the no-fault system and file a personal injury claim against the at-fault party .

Driving Someone Else’s Vehicle in an Accident

Borrowing a friend’s car and getting into an accident raises another set of questions. In Florida, insurance follows the vehicle , not the driver. This means the car owner's insurance is generally the first to respond to claims.

serve.

Call Us Now
�� West Florida: (813) 200-5894
�� East Florida: (954) 834-0404
�� Email: contact@retamarmillian.com

We’re available 24/7 and your consultation is 100% free.

Teen Driving Safety During Prom & Graduation

Fri, 02 May 2025 15:51:55 GMT

Tips to keep teens safe on the road during prom and graduation season. Prevent distracted and impaired driving.

Graduation and Prom Season: Keeping Kids Safe on the Road

As the school year winds down, excitement fills the air. Prom night and graduation are milestones teens look forward to all year. But amid the celebrations, a serious issue emerges—an increase in teen driving accidents. Late-night parties, emotional highs, and peer pressure can lead to risky decisions behind the wheel. Now more than ever, parents and communities must prioritize road safety to protect their teens during this festive season.

The Dangers of Distracted and Impaired Teen Driving

Distracted driving is one of the leading causes of crashes involving teens. Texting, using social media, or even chatting with passengers can divert attention from the road in a split second. According to the CDC, teen drivers are more likely than older drivers to be in a fatal crash due to distractions.

Equally concerning is impaired driving. Alcohol, marijuana, and other substances lower teens' ability to react and make smart decisions. During prom and graduation season, the temptation to drink or experiment increases. Even one poor choice can lead to lifelong consequences—or worse. Parents should talk openly about these dangers before keys change hands.

May is Prime Time for Prom, Graduation, and Teen Driving Risks

May marks the height of end-of-school-year events. Proms, grad parties, and senior trips fill calendars across Florida and the U.S. With all the festivities comes more driving—often at night and under less supervision. AAA reports that the 100 days between Memorial Day and Labor Day are the deadliest for teen drivers.

As excitement builds, so do opportunities for distractions, peer pressure, and risky behavior. It's vital to prepare teens before they hit the road during this celebratory season.

How to Keep Teens Safe Behind the Wheel

You can help keep your teen—and others—safe with a few proactive steps:

Set clear rules. No texting, no drinking, and no extra passengers without permission.
Plan ahead. Arrange safe rides or designated drivers for prom night and parties.
Use a driving contract. Write out expectations and consequences together.
Stay in touch. Ask your teen to check in during the night so you know they're safe.
Lead by example. Teens model adult driving behavior—make yours responsible.

Communication is key. Remind them that it's okay to call you for a ride, no questions asked. Safety always comes first.

Call Us to Learn More About Teen Driving Safety

At Retamar & Millian Personal Injury Attorneys, we’ve seen the aftermath of preventable teen driving accidents . Let’s work together to keep your kids safe.

If your family has been impacted by a teen driving accident, we're here to help 24/7 .

Call us today:
West Florida: (813) 200-5894
East Florida: (954) 834-0404

Or email us at: receptionist@retamarmillian.com

Understanding Florida’s Statute of Limitations for Injury Cases

Tue, 15 Apr 2025 18:43:41 GMT

Understanding Florida’s Statute of Limitations for Injury Cases

Why Delaying an Injury Claim Can Cost You

If you’ve been injured in an accident in Florida, you might think you have plenty of time to file a claim. But waiting too long can destroy your chance to recover the compensation you deserve. Florida law imposes strict deadlines on personal injury cases. Miss that deadline, and you may lose your right to take legal action—no matter how strong your case is. Knowing the statute of limitations can mean the difference between justice and walking away with nothing.

What Is Florida’s Statute of Limitations for Personal Injury?

In Florida, the statute of limitations for most personal injury cases is two years from the date of the accident or injury. This timeframe was reduced from four years in March 2023 under new legislation. This includes cases involving car accidents, slip and falls, and other forms of negligence.

There are some exceptions. For example, medical malpractice cases may follow different rules, and claims against government entities often have shorter notice periods and procedural steps. That's why speaking to a personal injury attorney early can help ensure you don’t miss crucial deadlines.

You Must Seek Medical Treatment Within 14 Days

Under Florida's Personal Injury Protection (PIP) law, if you’ve been involved in a car accident, you must seek medical treatment within 14 days of the crash to qualify for PIP benefits. These benefits can help cover your medical expenses and lost wages, regardless of who was at fault.

Failing to get medical care within this timeframe can jeopardize your access to these benefits. Even if you feel fine initially, symptoms often develop later. It’s crucial to see a healthcare provider as soon as possible after the accident. This not only protects your health—it strengthens your legal claim.

Why the Statute of Limitations Matters for Your Case

Missing the statute of limitations doesn’t just delay your case—it can end it. Courts are legally required to dismiss cases filed after the deadline. That means no settlement negotiations, no trial, and no compensation.

Insurance companies know the rules too. If you try to negotiate on your own and go past the deadline, you’ll lose leverage. An expired statute of limitations gives the insurer the upper hand, knowing you can no longer take them to court.

How to Protect Your Rights After an Injury

Time is of the essence. After an accident, take these steps to protect your rights:

Get medical attention right away (within 14 days for auto accidents)
Document the scene and gather evidence
Avoid giving statements to insurance companies without legal advice
Contact a personal injury attorney as soon as possible

Early legal guidance ensures your claim is filed within Florida’s legal deadline. It also allows your attorney to preserve evidence and build a stronger case on your behalf.

Don’t Wait—Call an Attorney Today

If you’ve been hurt, don’t risk missing your chance at compensation. Our experienced Florida personal injury attorneys are here to help— before time runs out .

�� Call us 24/7
West Florida: (813) 200-5894
East Florida: (954) 834-0404

�� Or email us at receptionist@retamarmillian.com

We’re ready to fight for your rights across West and East Florida.

How Your Driving Record Affects Insurance in Florida

Thu, 27 Mar 2025 20:48:07 GMT

How Your Driving Record Affects Insurance in Florida

Why Your Driving Record Can Make Insurance Expensive

Car insurance in Florida is already costly, but if you have a history of traffic violations or accidents, your rates could skyrocket. Insurance providers see drivers with infractions as higher risk, leading to higher premiums. Even minor offenses, like speeding tickets, can have long-term financial consequences. Understanding how your driving record affects insurance can help you take steps to lower your costs and keep your record clean.

How Traffic Violations and Accidents Impact Insurance Rates

Insurance companies use your driving history to assess your level of risk. The more infractions or accidents you have, the higher your premiums will be. Here’s how common violations impact your rates:

Speeding Tickets: Even a single speeding ticket can raise your insurance premium by 10-20%.
DUI Convictions: A DUI offense can more than double your insurance rates and may result in mandatory SR-22 insurance.
At-Fault Accidents: Causing an accident can lead to significant rate hikes, especially if injuries or major property damage are involved.
Reckless Driving: This serious offense can make it difficult to find affordable insurance coverage.

Additionally, Florida operates under a points system. Accumulating too many points can result in license suspension, further complicating your ability to obtain insurance at a reasonable rate.

How to Expunge Violations and Avoid Points on Your License

Thankfully, there are ways to remove points from your record and prevent future violations:

Traffic School: In Florida, completing a state-approved driving course can help you avoid points from certain traffic tickets.
Expungement and Record Sealing: While traffic violations generally remain on your record for several years, you may be able to have some offenses removed through legal procedures.
Safe Driving Practices: Avoiding speeding, reckless driving, and DUI offenses is the best way to keep your insurance rates low.
Check Your Driving Record: Regularly reviewing your driving history can help you identify and address any incorrect information that may be affecting your insurance rates.

The Role of SR-22 Insurance in Florida

If you have serious violations like a DUI or multiple traffic offenses, you may be required to carry SR-22 insurance in Florida. This is a certificate that proves you have the minimum required auto insurance coverage. Unfortunately, SR-22 insurance comes with significantly higher premiums. It’s important to drive safely and maintain continuous coverage to avoid needing this costly requirement.

How Long Do Violations Stay on Your Record?

In Florida, traffic violations don’t disappear overnight. The length of time an infraction remains on your record depends on its severity:

Speeding Tickets: Typically stay on your record for 3-5 years.
DUI Convictions: Can stay on your record for 75 years and significantly impact your insurance rates.
At-Fault Accidents: Usually remain on record for 3-5 years, depending on the severity.
Reckless Driving: Stays on your record for 5 years or more.

Understanding these timeframes can help you plan for lower insurance rates in the future by maintaining a clean driving record.

Contact Us for Legal Help After a Car Accident

If you’ve been involved in a car accident or slip and fall, your insurance rates and legal rights could be at risk. At Retamar & Millian Personal Injury Attorneys, we specialize in helping victims of accidents navigate their legal options and pursue fair compensation. Contact us today for a free consultation and let us help you get the justice you deserve.

Spring Break Injury? Know Your Legal Rights

Thu, 20 Mar 2025 14:46:13 GMT

Injured on vacation? Learn the steps to take after a spring break accident to protect your rights and seek compensation.

Spring Break Injury: What to Do If You're Hurt on Vacation

Spring break is a time to unwind, explore new destinations, and enjoy some well-deserved relaxation. However, accidents can happen when you least expect them, turning an exciting getaway into a stressful situation. If you suffer an injury while on vacation, knowing what steps to take can help protect your rights and ensure you receive the compensation you deserve.

Common Spring Break Accidents and Injuries

During spring break, travelers are more prone to certain types of injuries, including:

Car Accidents – Unfamiliar roads, increased traffic, and distracted driving can contribute to vehicle collisions .
Slip and Falls – Hotels, resorts, and vacation rentals may have unsafe conditions like wet floors or poorly maintained walkways.
Boating and Water Sport Accidents – Jet ski crashes, parasailing mishaps, and boating collisions are common in beach destinations.
Alcohol-Related Injuries – Bars, clubs, and party scenes often lead to injuries due to impaired judgment and negligence .

What to Do After a Spring Break Injury

1. Seek Immediate Medical Attention

Your health and safety should be your top priority. Even if an injury seems minor, getting checked by a medical professional ensures that hidden injuries are addressed and documented.

2. Report the Incident to the Proper Authorities

Whether it’s a car crash, slip and fall, or boating accident, report the incident to the appropriate authorities (e.g., police, hotel management, or event organizers). Request a copy of any official reports.

3. Gather Evidence at the Accident Scene

Take photos or videos of the accident scene, injuries, and any hazardous conditions that contributed to the incident. Collect names and contact information from witnesses who saw what happened.

4. Keep Records of Medical Bills and Expenses

Maintain copies of medical bills, prescriptions, and any other expenses related to your injury. These records are crucial for building a strong personal injury claim.

5. Be Cautious When Speaking with Insurance Companies

If you’re contacted by an insurance adjuster, avoid providing recorded statements or accepting a quick settlement before consulting a personal injury attorney. Insurers may try to minimize your claim.

6. Contact a Personal Injury Attorney for Legal Help

Laws regarding personal injury claims vary by state, and filing a claim from out of town can be complex. An experienced attorney can help you understand your rights and take the necessary legal steps to seek compensation.

Can You File a Personal Injury Claim in Another State?

Yes, if you were injured while traveling, you can still file a claim. However, personal injury cases are typically handled in the state where the accident occurred. Working with a local attorney who has experience handling cases in that jurisdiction can improve your chances of a successful outcome.

Protect Your Rights and Enjoy a Safe Spring Break

While no one plans to get injured on vacation, being prepared and knowing what to do can make a significant difference in your recovery and legal options. If you or a loved one has been injured during spring break, contact our personal injury attorneys for a free consultation. We’ll help you navigate the legal process and fight for the compensation you deserve.

For legal assistance, contact Retamar & Millian Personal Injury Attorneys:

�� West Florida: (813) 200-5894
�� East Florida: (954) 834-0404
�� Email: receptionist@retamarmillian.com

How Personal Injury Settlements Affect Your Taxes

Mon, 10 Mar 2025 18:07:59 GMT

Discover how personal injury settlements impact your taxes, what’s taxable, what’s not, and how to minimize tax liability. Read more.

Understanding the Tax Implications of Personal Injury Cases

When you receive a personal injury settlement, the last thing you want is an unexpected tax bill. Many victims assume their compensation is tax-free, but certain parts of a settlement may be subject to taxation. Understanding these tax implications can help you plan ahead and avoid surprises when filing your taxes.

While physical injury compensation is generally non-taxable, the IRS treats different elements of a settlement in distinct ways. Failing to account for these differences can lead to costly mistakes when tax season arrives. Knowing what portions of your settlement may be taxable—and how to properly document your case—can help you avoid unnecessary financial burdens.

Are Personal Injury Settlements Taxable?

The IRS generally does not tax compensation for physical injuries or illnesses. This means that money awarded for medical expenses, pain and suffering, and emotional distress related to a physical injury is usually tax-free. However, there are exceptions. If you previously deducted medical expenses for tax purposes, that portion of your settlement could be taxable.

Additionally, settlements that include damages unrelated to physical injuries—such as lost wages or punitive damages—may be subject to taxation. If your settlement is structured improperly, you could end up owing more in taxes than necessary. Understanding how different types of compensation are treated under tax law can help you avoid costly errors.

Taxable vs. Non-Taxable Compensation

Some elements of a personal injury settlement are taxable, while others are not. Here’s a breakdown:

Non-Taxable Compensation

Medical expenses – Reimbursement for medical bills related to a physical injury or illness is not taxable unless you previously deducted these expenses.
Pain and suffering – Compensation for physical pain and suffering due to an injury is non-taxable as long as it is directly tied to the injury.
Emotional distress (related to physical injury) – If emotional distress stems from a physical injury, it is usually non-taxable.

Taxable Compensation

Lost wages – Since lost wages are meant to replace income, they are subject to federal and state taxes just like a regular paycheck.
Punitive damages – Courts sometimes award punitive damages to punish the defendant. These damages are always taxable, regardless of the nature of the case.
Interest on settlements – If your settlement includes interest payments, that portion is considered taxable income.
Emotional distress (not related to physical injury) – If emotional distress or mental anguish is not linked to a physical injury, it may be taxable.

Understanding this distinction can help you and your attorney structure your settlement in a way that minimizes your tax liability.

How to Reduce Your Tax Liability on a Personal Injury Settlement

There are legal ways to reduce the tax burden on your settlement. Some key strategies include:

Properly Allocating Damages

Settlements often cover multiple forms of compensation. Ensuring that your settlement agreement clearly defines what each portion covers can help you minimize taxable income. Work with your attorney to ensure that tax-free damages (such as medical expenses and pain and suffering) are properly documented.

Structuring Your Settlement

Rather than receiving a lump-sum payment, you may be able to structure your settlement as a series of payments over time. This can help spread out taxable income and potentially reduce your tax burden in any given year.

Consulting a Tax Professional

A tax advisor can help you navigate IRS rules and optimize your tax strategy. They can identify deductions, credits, and structuring options that may lower your overall tax liability. Working with both a personal injury attorney and a tax professional ensures that your settlement is handled in the most tax-efficient manner possible.

Keeping Detailed Records

Maintaining thorough documentation of your case, medical expenses, and settlement breakdown can help you substantiate non-taxable compensation if the IRS questions your tax return. Ensure you retain copies of settlement agreements, medical bills, and any related legal correspondence.

Get Legal Help to Protect Your Compensation

Navigating the tax implications of a personal injury settlement can be complex. A knowledgeable personal injury attorney can help you structure your settlement to maximize tax-free compensation and minimize any taxable portions. Without proper planning, you could end up paying more in taxes than necessary—reducing the total amount you take home from your settlement.

If you’ve received a settlement or are in the process of filing a claim, don’t leave your tax situation to chance. Our team at Retamar & Millian Personal Injury Attorneys is here to help you understand your options and protect your financial future.

Call us today for a free consultation! Our experienced attorneys at Retamar & Millian Personal Injury Attorneys are here to guide you every step of the way.

�� West Florida: (813) 200-5894
�� East Florida: (954) 834-0404
�� Email: receptionist@retamarmillian.com

Personal Injury Car Accident Case Process Explained

Tue, 04 Mar 2025 15:48:40 GMT

Learn what happens during a personal injury car accident case, from the accident scene to settlement. Call us today for expert legal assistance!

Understanding the Personal Injury Car Accident Case Process

A car accident can turn your life upside down in an instant. Medical bills, lost wages, and insurance negotiations can feel overwhelming. If you’ve been injured in a car accident, knowing what to expect during a personal injury case can help you navigate the process with confidence. Below, we outline the key steps you should take to protect your rights and secure fair compensation.

After the Accident: Immediate Steps to Take

Right after the accident , it’s crucial to take specific steps to protect your case:

Call the Police – Always report the accident to law enforcement. A police report serves as valuable evidence when filing a claim.
Take Pictures – Document the accident scene, vehicle damage, and any visible injuries.
Exchange Information – Collect contact and insurance details from the other driver, along with witness information if possible.

Seek Medical Attention Promptly

To qualify for Personal Injury Protection (PIP) benefits, you must see a doctor within 14 days of the accident. Even if you feel fine, some injuries take time to appear. Proper medical documentation is key to proving your injuries. Treatment typically lasts six months to a year , or until you recover. Keep your attorney (us) updated on your progress to ensure your case moves forward smoothly.

Collecting Records and Sending a Demand to the Insurance Company

Once your treatment is underway, we will gather medical records and send a demand letter to the insurance company. The demand is based on policy limits, medical costs, lost wages, and pain and suffering. The insurance company has 30 days to respond. We will keep you informed and negotiate aggressively on your behalf until a fair settlement is reached.

Filing a Lawsuit or Reaching a Settlement

If the insurance company refuses to offer fair compensation, we will file a lawsuit to fight for your rights. If a settlement is reached, we will negotiate with your medical providers to reduce your bills, ensuring you receive the maximum possible compensation. Once everything is finalized, you can pick up your settlement check and move forward with your life.

Call Us Today to Pursue Your Personal Injury Case

A personal injury car accident case can be complex, but you don’t have to go through it alone. Retamar & Millian Personal Injury Attorneys are here to fight for your rights and maximize your compensation.

�� Call us 24/7 : East Florida: (954) 834-0404 / West Florida: (813) 200-5894

�� Email us : receptionist@retamarmillian.com

�� Visit us :

685 East Hillsboro Boulevard, Deerfield Beach, FL 33441
2925 Alternate 19 N., Suite B, Palm Harbor, FL 34683

Don’t wait—reach out today for a free consultation!

What Your Insurance Covers After a Car Accident

Tue, 25 Feb 2025 14:36:03 GMT

A car accident can leave you with unexpected costs, from vehicle repairs to lost wages and damaged personal items. While insurance is designed to help, understanding exactly what your policy covers—and what it doesn’t—can make a big difference in how smoothly your recovery goes. Below, we break down what your own insurance may cover, regardless of who was at fault.

Does Your Insurance Cover Rental Cars and Towing?

If your car is damaged and needs repairs, you may need a rental or a tow. Here’s what your policy may cover:

Rental Car Coverage : If you have rental reimbursement coverage , your insurance will pay for a rental car while your vehicle is in the shop. However, this is typically an optional add-on, and coverage limits apply (e.g., $30 per day up to a maximum amount).
Towing Costs: If your policy includes towing and roadside assistance , your insurer will cover towing expenses after an accident. If you have collision coverage , your policy may also cover towing fees, but only if your car was damaged in the accident.

Does Your Insurance Cover Lost Wages?

If you’re injured in an accident and unable to work, your insurance may provide financial relief:

Personal Injury Protection (PIP): In no-fault states, PIP coverage helps pay for medical expenses and lost wages, regardless of fault. Coverage varies by state and policy limits.
Medical Payments Coverage (MedPay): Some policies offer MedPay , which helps cover medical costs but usually does not cover lost wages.
Disability Insurance: If you have short- or long-term disability insurance , this can help cover lost income after an accident. However, this is separate from auto insurance.

Does Your Insurance Cover Damaged Personal Property (Phone, Laptop, Sunglasses)?

If personal belongings inside your car are damaged in an accident, your auto insurance may provide some coverage:

Comprehensive or Collision Coverage : Some policies cover damaged personal items if they were affected by the accident, but this is not common.
Homeowners or Renters Insurance: Your homeowners or renters insurance may cover personal belongings damaged or stolen from your vehicle. A deductible will likely apply.
Gap Insurance: If your car is totaled and you owe more on your loan than its value, gap insurance helps cover the difference. While not personal property coverage, it’s an important protection for those financing their vehicles.

Surprising Costs Your Insurance May Cover

Beyond the obvious expenses, some policies also cover unexpected costs, including:

Child Car Seat Replacement: Many insurers cover the cost of replacing a car seat after an accident, even if it appears undamaged.
Pet Injuries: If your pet is in the car during an accident, some policies offer coverage for vet bills.
Windshield Repairs: If you have comprehensive coverage , minor windshield repairs are often covered with no deductible.
Hotel and Travel Expenses: If you’re in an accident far from home, some policies provide reimbursement for lodging, meals, and transportation while your car is being repaired.

What to Do Next – Get the Coverage You Deserve

If you’ve been in an accident and need help navigating your insurance claim, we’re here to help. At Retamar & Millian Personal Injury Attorneys , we work to ensure you get the maximum compensation available under your policy. Call us today for a free consultation:

�� West Florida: (813) 200-5894
�� East Florida: (954) 834-0404

Don’t settle for less than you deserve—let us help you get the compensation you’re entitled to.

What to Do After a Car Accident

Tue, 18 Feb 2025 14:50:34 GMT

Learn what to do after a car accident, whether you're at fault or not. Protect yourself legally—call the right attorney today!

What to Do After a Car Accident

A car accident can be overwhelming, leaving you unsure of what to do next. Whether it’s a minor fender bender or a major collision, taking the right steps immediately can protect your legal rights and financial well-being. In this guide, we’ll walk you through exactly what to do at the scene , whether you’re at fault or not, and when to contact an attorney for help.

At the Time of the Accident: Exchange Information, Call the Police, and Take Pictures

Right after a car accident, your priority should be safety and documentation. Follow these steps:

Exchange Insurance Information – Swap contact and insurance details with the other driver. Be sure to get their name, address, phone number, insurance policy number, and vehicle details.
Call the Police – Always report the accident to law enforcement, even for minor crashes. A police report provides an official record, which can be useful for insurance claims and legal matters.
Take Pictures – Capture images of vehicle damage , the accident scene, traffic signals, and any visible injuries. This visual evidence can be crucial in disputes.

If You Are at Fault: Contact a Traffic Ticket Attorney

If you caused the accident, you may receive a traffic citation. A ticket can impact your driving record, increase insurance premiums, and even lead to license suspension. To minimize these consequences:

Consult a Traffic Ticket Attorney – An experienced lawyer can help you contest or reduce the ticket, potentially saving you from hefty fines and points on your record.
Do Not Admit Fault – Avoid making statements that could be used against you in legal or insurance proceedings.
Follow Legal Advice – Your attorney will guide you on the best course of action to protect your rights.

If You Are Not at Fault: Call a Personal Injury Attorney

If another driver caused the accident, you have the right to seek compensation for medical expenses, lost wages, and pain and suffering. Here’s what to do:

Contact a Personal Injury Attorney – A lawyer specializing in car accidents can help you file a claim and negotiate with insurance companies.
Seek Medical Attentio n – Even if you feel fine, some injuries appear later. A medical report will support your claim.
Avoid Quick Insurance Settlements – Insurance companies may offer a low settlement. An attorney can ensure you receive fair compensation.

Call Us Today!

If you've been in a car accident, don’t navigate the legal process alone. Whether you're at fault or a victim, we’re here to help.

Call Us Now:

West Florida: (813) 200-5894
East Florida: (954) 834-0404

Protect your rights and get the legal support you need. Contact us today!

Rental Options After an Accident

Tue, 11 Feb 2025 17:22:39 GMT

Learn how to get a rental car quickly after an accident, whether through your insurance or the other party’s. Find the best way to stay mobile.

Need a Rental Car After an Accident? Here’s What to Do

Getting into a car accident is stressful enough, but dealing with transportation issues afterward can add another layer of frustration. If your vehicle is undrivable, you’ll likely need a rental car while it’s being repaired or replaced. The good news is that you have several options to secure a rental car, whether through your insurance, the at-fault driver’s insurance, or out-of-pocket reimbursement.

This guide will walk you through your best options for getting a rental vehicle quickly, understanding your insurance coverage, and minimizing out-of-pocket expenses.

Why You Should Let a Lawyer Handle Getting a Rental Car

A rental car is just one part of your claim , but what many accident victims don’t realize is that they may be entitled to much more. Even if you weren’t injured , you still have financial losses to consider—most importantly, a diminished value claim .

What Is a Diminished Value Claim?

Once a vehicle has been in an accident, it loses resale value —even if it’s fully repaired. This means that when you go to sell or trade in your car, it will be worth significantly less than a similar vehicle with no accident history. The at-fault driver’s insurance should compensate you for this loss, but many people don’t even realize they can file a claim for it.

And that’s just the beginning. If you were injured, you may also have claims related to:

Medical Expenses – Even minor injuries can lead to expensive treatments, therapy, or follow-up visits.
Lost Wages & Missed Work – If the accident caused you to miss time at work, you deserve to be compensated for that lost income.
Pain and Suffering – Accidents can cause lasting physical discomfort and emotional distress that you shouldn’t have to endure without proper compensation.

Why Let Retamar & Millian Handle Managing Your Car Rental After an Accident?

Trying to manage all of these claims alone while also dealing with rental car logistics and insurance companies that are looking to minimize their payouts can be frustrating and overwhelming. That’s where Retamar & Millian Personal Injury Attorneys come in.

We don’t just focus on litigation —we take care of our clients throughout the entire process. That means:

✔️ Securing your rental car quickly so you’re not stuck without transportation.
✔️ Handling insurance negotiations so you don’t have to worry about delays or denials.
✔️ Ensuring you receive full compensation for diminished value, medical bills, lost wages, and pain and suffering.

When you work with us, you don’t have to stress about rental car delays, out-of-pocket costs, or missing out on claims you didn’t even know you had. We handle everything for you—so you can focus on moving forward.

Going Through Your Own Insurance for a Rental Car

If you have rental reimbursement coverage under your auto insurance policy, this is often the fastest and most straightforward way to get a rental vehicle. Rental reimbursement coverage is an optional add-on to most policies and typically provides a daily allowance to cover rental costs while your car is being repaired.

Steps to Take:

Contact your insurance provider immediately after the accident and file your claim.
Confirm your rental coverage details, including:

Daily dollar limit (e.g., $30, $40, or $50 per day).
Maximum number of days covered.
Any restrictions on rental car types (some policies limit you to economy vehicles).

Ask your insurer for a list of approved rental car companies. Many insurance providers have partnerships with major rental agencies, allowing for direct billing instead of requiring you to pay upfront.
Reserve your rental vehicle with an approved provider as soon as possible. High-demand periods may result in limited availability.
Understand the fine print. Some insurance policies require you to rent a car similar in value to your own. If you opt for an upgraded vehicle, you may have to cover the difference.

Key Considerations:

If your policy covers rental reimbursement , your insurance company will pay directly, minimizing hassle.

If another driver was at fault , your insurer might pay upfront and later seek reimbursement from their provider.

If your coverage is limited , you may need to cover some rental costs if your repair time exceeds your policy limits.

Going Through the Other Driver’s Insurance for a Rental Car

If the other driver was at fault , their insurance should cover your rental costs. However, this process can take longer since the insurance company must first determine liability before approving your claim.

Steps to Take:

Obtain a claim number from the at-fault driver’s insurance provider. You’ll need this for any communication regarding reimbursement.
Ask the insurer if they provide direct rental car arrangements or if you must rent the vehicle and seek reimbursement later.
Confirm rental car coverage limitations , including:
The daily rental rate they cover (e.g., $35 per day may not fully cover an SUV).
The maximum rental period (e.g., 7, 14, or 30 days).
Whether they cover rental upgrades or limit you to a standard vehicle.
Be prepared for delays. The at-fault driver’s insurance company may take days or weeks to investigate the accident. If you need a rental immediately, you may have to:
Pay for the rental yourself and request reimbursement later.
Use your own rental coverage and let your insurer seek repayment.

Key Considerations:

You may have to wait if the insurance company disputes liability or requires additional documentation.

If fault is unclear , you might need to rent a car on your own and seek reimbursement later.

If the at-fault driver is uninsured or underinsured , you may need to rely on your own insurance for rental costs.

The Fastest Way to Get a Rental Car After an Accident

If you need a vehicle immediately , the quickest option is to go through your own insurance —provided you have rental reimbursement coverage.

How to Speed Up the Process:

Call your insurance company right away and request a rental car referral.
Use a rental company that partners with your insurer to avoid out-of-pocket costs.
Pay with a credit card to secure the vehicle quickly and streamline the process.
Keep all receipts if you’re paying upfront and seeking reimbursement.

If you're waiting on the other driver’s insurance , you may still need to rent a vehicle on your own. Some key strategies include:

Ask the at-fault insurer if they can pre-approve your rental. Some companies will authorize the expense immediately, especially if liability is clear.
Choose a rental car within the approved price range. If the insurer only covers $40 per day and you rent a $70-per-day SUV, you’ll pay the difference.
Be prepared for reimbursement delays. Even if the at-fault insurer agrees to pay, it could take weeks to process.

Towing and Storage Considerations

In addition to securing a rental car, you’ll also need to address towing and storage fees if your vehicle is undrivable.

Insurance companies typically cover towing costs if your policy includes roadside assistance.
If the at-fault driver’s insurer is paying, request approval for towing and storage expenses before moving your vehicle.
Be aware of storage fees at tow yards. If your car is held too long, daily fees can add up quickly.
Ask your insurance company or attorney about getting storage fees reimbursed if you're not at fault.

Call Us for Help with Rental, Towing, and Storage Issues

Navigating rental and towing options after an accident can be confusing, especially when dealing with insurance companies and reimbursement claims. At Retamar & Millian Personal Injury Attorneys , we help accident victims recover the compensation they deserve, including coverage for rental cars, towing, and storage fees .

Call us today for a free consultation , and let us handle the details while you focus on recovery.

West Florida: (813) 200-5894
East Florida: (954) 834-0404
Email: contact@retamarmillian.com

Caballes Family’s Story: How We Helped After Tragic Loss | Retamar & Millian

Tue, 04 Feb 2025 18:14:50 GMT

We are honored to help the Caballes family after their tragic loss. Read their story on ABC Action News and learn more about our commitment to justice.

Honored to Support the Caballes Family Through This Tragedy

Nobody ever wants to experience a tragedy like this, and no family should have to go through such heartbreak. At Retamar & Millian, we are truly grateful to have been able to help the Caballes family during this unimaginable time alongside Ben Whitman, Esq . We have handled many injury cases, but nothing can truly prepare anyone for a loss of this magnitude. We are so proud of Savannah and her four siblings for their strength and resilience in the face of such devastation. Their courage is an inspiration, and we are honored to have played a role in supporting them through this journey.

The Caballes Family's Journey as Recapped by ABC Action News

In December 2021, Sheryll Caballes tragically lost her life in a devastating fire at a Circle K gas station in Palm Harbor. While pumping gas, another vehicle struck the fuel dispenser, causing a fire that ultimately led to her passing. Her children, including 14-year-old Savannah, witnessed the horrific event.

Pictured above, from left to right: Ben Whitman, Esq., Savannah Caballes (Daughter), Germel Caballes (Husband), and Richard Millian, Esq.

The Caballes family filed a lawsuit against multiple defendants, including Circle K, arguing that the tragedy could have been prevented with better safety measures, such as additional bollards and properly functioning shear valves. In October 2024, the family reached a settlement with Circle K, marking the end of a long legal battle.

Attorney Richard Millian, who represented the family alongside Attorney Ben Whitman, highlighted the importance of safety measures at gas stations and advocated for changes to prevent future incidents. Despite their unimaginable loss, Savannah and her siblings continue to honor their mother’s memory by striving for success and spreading kindness.

The Caballes family's story is one of heartbreak, loss, and incredible perseverance. Their journey was recently featured on ABC Action News WFTS Tampa Bay , shedding light on the tragedy they endured and how they are moving forward. To read the full story, visit ABC Action News .

Our Deep Roots in the Tampa Bay Community

At Retamar & Millian, our commitment to the community runs deep. Our lead attorney, Rick Millian , has called Tampa home since 1985. Then in 2009 he opened the Tampa area office of Retamar & Millian, P.A., and we have been dedicated to serving our neighbors ever since. Cases like the Caballes family's are more than just legal matters to us—they are personal. When tragedy strikes in our community, we feel it, and we are driven to provide the compassion and legal advocacy that victims and their families deserve.

Grateful for the Trust of Our Clients

We are incredibly grateful to the Caballes family for trusting us during this difficult time. Their strength has been humbling, and we are honored to have played a part in their journey toward justice and healing. We also extend our gratitude to all our clients who believe in community-focused law firms like ours. Your trust fuels our mission to make a difference in the lives of those who need it most.

Get to Know Our Attorneys

If you want to learn more about our team and how we fight for our clients, visit our About Us page. Our commitment to justice, compassion, and community is at the heart of everything we do.

Why You Need Uninsured Motorist Coverage

Tue, 28 Jan 2025 16:43:22 GMT

Discover why uninsured motorist coverage is essential, the types available, and the benefits it offers. Stay protected on the road!

The Risk of Not Having Uninsured Motorist Coverage

Imagine you’re in a car accident. It’s stressful enough, but then you find out the other driver doesn’t have insurance. Now you’re stuck covering repair costs , medical bills, and more—all out of your pocket. Unfortunately, this scenario isn’t uncommon. Millions of drivers are uninsured, and if you don’t have uninsured motorist coverage, you could be left unprotected.

What Is Uninsured Motorist Coverage?

Uninsured motorist (UM) coverage is an insurance policy designed to protect you if you’re involved in an accident with a driver who doesn’t have insurance. Instead of relying on the other driver’s policy to cover damages, UM coverage ensures that your expenses, such as medical bills, lost wages, and vehicle repairs , are taken care of.

In many states, this type of coverage is optional , but it’s a critical safety net that could save you from significant financial stress.

Uninsured Motorist (UM) Coverages Available in Florida

In Florida, uninsured motorist (UM) coverage provides financial protection if you’re involved in an accident caused by a driver who lacks sufficient insurance. Here are the key UM coverage options available in the state:

Uninsured Motorist Bodily Injury
Covers medical expenses, lost wages, and other costs related to injuries you or your passengers sustain in an accident with an uninsured or underinsured driver.
Available in limits that typically match your bodily injury liability (BI) coverage, such as $10,000, $25,000, $50,000, and higher.

Stacked vs. Non-Stacked UM Coverage
Stacked Coverage : Allows you to combine coverage limits across multiple vehicles on your policy, providing greater financial protection.
Non-Stacked Coverage : Offers UM coverage for a single vehicle, typically at a lower premium, but without the additional benefits of stacking.

UM coverage is optional in Florida but highly recommended to protect yourself financially in the event of an accident involving uninsured or underinsured drivers.

Pros of Having Uninsured Motorist Coverage

Having uninsured motorist coverage offers several significant advantages:

Financial Protection: Avoid paying out-of-pocket expenses for medical bills and vehicle repairs after an accident with an uninsured driver.
Peace of Mind: Drive with confidence knowing you’re protected, regardless of the other driver’s insurance status.
Coverage for Hit-and-Run Accidents: Many policies include coverage for hit-and-run incidents, ensuring you’re not left vulnerable in these situations.
Affordable Add-On: Compared to other types of coverage, UM insurance is relatively inexpensive and can provide extensive benefits in case of an accident.

Don’t Wait: Get Uninsured Motorist Coverage Today

Protect yourself and your loved ones from the financial burden of accidents with uninsured drivers. Contact your insurance provider to explore uninsured motorist coverage options and add this essential protection to your policy. Peace of mind is just a policy away!

Contact Us Today for a Free Consultation

Accidents don’t follow a 9-to-5 schedule, and neither do we. Schedule a consultation at no cost—whether in person or over the phone.

East Florida:
Call us at (954) 834-0404 or visit
685 E Hillsboro Beach Blvd, Deerfield Beach, FL 33441

West Florida:
Call us at (813) 200-5894 or visit
2925 Alt 19 N, Suite B, Palm Harbor, FL 34683

Email: receptionist@retamarmillian.com

What to Know About Property Damage Coverage After Being Hit

Tue, 21 Jan 2025 17:32:46 GMT

Understand How Property Damage Coverage Works When You've Been Hit in a Car Accident.

The Problem with Property Damage Coverage After Being Hit

Getting into a car accident is stressful, especially when you’re not at fault. Beyond the physical damage to your vehicle, the financial implications can feel overwhelming. Who pays for the repairs? What if the at-fault driver’s insurance doesn’t cover everything? Property damage coverage plays a crucial role in these situations, yet many people don’t fully understand how it works when they’re the victim. In this article, we’ll break down what you need to know to navigate the process and ensure you’re protected.

What Does Property Damage Coverage Include When You’re Hit?

If another driver is at fault for the accident, their property damage liability coverage should pay for damages to your vehicle and other property. Here’s what it typically includes:

Vehicle Repairs: The at-fault driver’s insurance should cover the cost of repairing or replacing your vehicle.
Damage to Structures: If the accident also damages your fence, mailbox, or other property, it should be covered.
Rental Car Costs: Some policies will reimburse you for a rental car while your vehicle is being repaired.
Personal Belongings: If items in your car, like a phone or laptop, were damaged during the accident, the at-fault driver’s policy may cover them.

If the at-fault driver’s insurance isn’t sufficient, your own insurance policy’s collision or uninsured/underinsured motorist coverage may step in to fill the gap.

How Much Does It Cost to Be Fully Protected?

While you can’t control the at-fault driver’s coverage, you can ensure your own policy provides adequate protection. Here are key factors to consider:

Uninsured/Underinsured Motorist Coverage: This addition to your policy ensures you’re protected if the other driver’s insurance isn’t enough.
Collision Coverage: This covers repairs to your vehicle regardless of fault and can be crucial if the at-fault driver lacks sufficient insurance.
Deductibles: Your deductible is what you’ll pay out of pocket before your coverage kicks in. Higher deductibles lower your premium but increase upfront costs after an accident.

On average, adding these coverages may cost $10-$50 per month, but the peace of mind they provide is invaluable.

How Collision and Comprehensive Coverage Protect You

Collision and comprehensive coverage are essential components of a robust auto insurance policy, especially if the at-fault driver’s insurance falls short or they’re uninsured. Collision coverage pays for repairs to your vehicle after an accident, no matter who is at fault. Comprehensive coverage protects you from non-collision-related damages, such as theft, vandalism, or natural disasters. Together, these coverages ensure that your financial burden is minimized, even in the most challenging scenarios. Without them, you may face significant out-of-pocket costs if the at-fault driver’s insurance doesn’t fully cover your damages.

Understanding Diminished Value Claims

After an accident, even if your vehicle is fully repaired, its market value may decrease due to its history of damage. This reduction in value is known as diminished value. If you were not at fault, you might be eligible to file a diminished value claim with the at-fault driver’s insurance company. Here’s what you need to know:

Eligibility: Most diminished value claims apply when your vehicle was in excellent condition before the accident and is repaired using quality parts.

Proof of Value Loss : You may need to provide an appraisal or evidence of your vehicle’s pre- and post-accident value.

Limitations: In Florida, diminished value claims must be filed within four years of the accident. Additionally, these claims may not apply to older vehicles or those with extensive prior damage. It’s important to check with a local expert to understand how state-specific laws impact your claim.

Filing a diminished value claim can help you recover the financial difference between your car’s value before and after the accident, ensuring you’re not left with a long-term loss.

Why Sufficient Coverage Matters for Victims

After being hit, you shouldn’t have to worry about whether repairs will be covered. However, if the at-fault driver’s insurance falls short, you could face significant out-of-pocket expenses. Ensuring your own policy has adequate protection helps you avoid financial stress and focus on recovering from the accident.

Take Action on Your Property Damage Claim

If you’ve been hit in a car accident, understanding property damage coverage is critical. Don’t leave your financial well-being to chance. Review your policy, add coverage if necessary, and consult your insurance provider to ensure you’re fully protected. Being proactive now can save you time, money, and frustration in the future.

Contact Us Today for a Free Consultation

Accidents don’t follow a 9-to-5 schedule, and neither do we. Schedule a consultation at no cost—whether in person or over the phone.

East Florida:
Call us at (954) 834-0404 or visit
685 E Hillsboro Beach Blvd, Deerfield Beach, FL 33441

West Florida:
Call us at (813) 200-5894 or visit
2925 Alt 19 N, Suite B, Palm Harbor, FL 34683

Email: receptionist@retamarmillian.com

Understanding PIP Insurance Coverage and Benefits

Thu, 16 Jan 2025 20:54:57 GMT

Learn what PIP insurance covers, why Florida requires it, how deductibles work, and why knowing your rights is essential.

What Does PIP Insurance Cover?

If you’ve ever been in a car accident, you know how quickly medical bills and other expenses can pile up. This is where Personal Injury Protection (PIP) insurance becomes a lifesaver. But many people find themselves asking: What exactly does PIP insurance cover? Understanding your coverage is vital to making sure you’re fully protected after an accident . Let’s dive into the details.

What Is PIP Insurance?

Personal Injury Protection, commonly known as PIP insurance, is a type of car insurance coverage that pays for medical expenses and, in some cases, lost wages and other costs resulting from an auto accident. Unlike other insurance types, PIP covers you regardless of who was at fault in the accident.

Key benefits of PIP insurance may include:

Medical expenses: Coverage for necessary medical treatments.
Lost wages: Compensation if you’re unable to work due to accident-related injuries.
Funeral expenses: Financial assistance in case of a fatal accident.
Essential services: Reimbursement for tasks you can’t perform while injured, like childcare or housework.

Florida Requires PIP Insurance

In Florida, PIP insurance isn’t optional – it’s a legal requirement for all drivers. Known as a “no-fault” state, Florida mandates that drivers carry a minimum of $10,000 in PIP coverage. This law ensures that individuals can receive timely medical treatment after an accident, without having to wait for fault to be determined.

The state’s no-fault law aims to reduce the number of lawsuits resulting from minor accidents, streamlining the claims process and providing faster payouts for medical expenses. However, the $10,000 minimum may not be sufficient in severe cases, making it essential to evaluate your policy limits.

Treat Within 14 Days to Qualify for PIP Benefits

Florida law requires individuals injured in an auto accident to seek medical treatment within 14 days to qualify for PIP benefits. This timeframe ensures that injuries are promptly documented and treated, preventing delays that could complicate the claims process. Failure to receive treatment within this period may result in losing access to PIP benefits, even if your policy is active.

Eligible treatments must be provided by a licensed medical professional, such as a physician, chiropractor , or hospital. Immediate action not only secures your benefits but also promotes your recovery and health. Don’t wait—act quickly to protect your rights.

Understanding PIP Insurance Deductibles

A deductible is the amount you’re responsible for paying out of pocket before your PIP benefits kick in. Florida drivers often have the option to select a deductible ranging from $250 to $1,000. While choosing a higher deductible can lower your premium, it also means you’ll pay more upfront if you’re injured in an accident.

For example, if you have a $500 deductible and $5,000 in medical expenses, your PIP insurance will cover $4,500 after you’ve paid your deductible. Carefully consider your financial situation and potential medical costs when selecting a deductible to ensure you’re not caught off guard.

Know Your Rights!

Navigating the complexities of PIP insurance can be overwhelming, especially when dealing with the aftermath of an accident. That’s why it’s crucial to know your rights and understand your policy. Don’t hesitate to ask your insurance provider for a clear explanation of your coverage, including what is and isn’t included.

If you’ve been in an accident, document everything, from medical bills to lost wages, to ensure you receive the full benefits you’re entitled to. Knowledge is power, and staying informed can make all the difference when it comes to protecting yourself and your loved ones.

Free Case Consultation – Call Us Now

Ready to ensure your PIP insurance policy meets your needs? Contact us for a free case consultation today! Our team is here to help you navigate your coverage and clarify any questions you may have.

West Florida: (813) 200-5894
East Florida: (954) 834-0404

Common Mistakes to Avoid After an Accident

Thu, 19 Dec 2024 19:25:36 GMT

Learn the Top Mistakes to Avoid After an Accident

When accidents happen, the aftermath can be overwhelming. The shock, confusion, and adrenaline make it easy to make decisions that may hurt your chances of recovering fair compensation. Unfortunately, even small missteps can have significant consequences for your personal injury claim. To protect your rights and ensure a smooth recovery process, it’s crucial to avoid these common mistakes.

Talking to Insurance Companies: What You Need to Know

One of the most common mistakes auto accident victims make is speaking with insurance companies too soon after an accident. While insurance adjusters may seem friendly, helpful, and understanding, their ultimate goal is to minimize the payout for your claim. Insurance companies are in the business of saving money, and they may use tactics to reduce the amount they owe you. Here are some key tips to help protect your rights and avoid jeopardizing your case when dealing with insurance companies:

Do Not Provide a Recorded Statement

Insurance adjusters may request a recorded statement shortly after the accident, often presenting it as a routine procedure. While this may seem harmless, it’s crucial to remember that anything you say in a recorded statement can be used against you later. Adjusters are trained to look for inconsistencies or statements that can be interpreted in ways that weaken your claim. Even if you don’t think your words are harmful, they may be taken out of context or used strategically to reduce the value of your claim.

Instead of speaking directly with the insurance company, it's wise to consult with an attorney before agreeing to provide a statement. Your attorney can help you understand the potential risks and advise you on the best course of action.

Avoid Accepting Early Settlement Offers

After an accident, the insurance company may offer you a settlement, sometimes very quickly. These initial offers are often much lower than what you may be entitled to. Insurance companies tend to make early offers in hopes that you’ll accept the quick payout without realizing the full extent of your injuries or the long-term costs. This is especially common when injuries may require ongoing treatment, therapy, or time away from work, which can lead to additional expenses in the future.

Accepting a settlement offer prematurely can limit your ability to seek further compensation down the road. It’s important to understand your medical prognosis and any long-term effects before agreeing to a settlement. Consulting with a lawyer can ensure that your settlement is fair and comprehensive, covering both your current and future needs.

Consult an Attorney Before Communicating

One of the most effective ways to protect your interests during a claim is to consult with a personal injury lawyer before communicating with the insurance company. An attorney experienced in personal injury law can handle all interactions with the insurance adjusters, ensuring that your rights are protected and that you aren’t taken advantage of during the claims process.

Having an attorney manage the communication not only frees you from dealing with the stress and complexities of the insurance process, but it also allows them to negotiate on your behalf. A lawyer will understand the tactics that insurance companies use and can advocate for a settlement that fully compensates you for your injuries, pain, suffering, lost wages, medical expenses, and other damages.

Additional Tips for Dealing with Insurance Companies

Document Everything: Keep detailed records of all medical treatments, expenses, and communications related to the accident. The more evidence you have, the stronger your case will be.

Don’t Sign Anything Without Review: Insurance adjusters may ask you to sign forms or waivers. Do not sign anything without consulting your attorney first, as these documents may contain language that limits your ability to seek further compensation.

Be Careful What You Post on Social Media: Insurance companies often monitor social media accounts to find evidence that contradicts your claims. Avoid posting about the accident or your recovery online.

Stay Calm and Professional: While it’s tempting to get upset or frustrated, it’s important to remain calm and collected during any conversations with insurance representatives. Stay focused on the facts and avoid making emotional statements.

By being proactive and informed about how insurance companies operate, you can avoid common pitfalls that may harm your claim. With the right support, you can ensure that you receive the compensation you deserve.

Why You Must Seek Treatment Within 14 Days After an Accident

Seeking medical attention immediately after an accident is not only vital for your health but also for your legal case. In some states, like Florida, personal injury protection (PIP) laws require accident victims to seek medical treatment within 14 days to qualify for benefits. Missing this deadline could jeopardize your ability to recover compensation.

Don’t Assume You’re Fine : Even if you feel okay, some injuries, such as whiplash or internal injuries, may not show symptoms right away.

Create a Medical Record : Seeing a doctor establishes an official record of your injuries, which is critical for your claim.

Follow Through with Treatment : Consistently attending follow-up appointments shows you’re taking your recovery seriously and strengthens your case.

Overlooked Mistakes That Can Hurt Your Case

Some mistakes may seem minor but can have a significant impact on your claim. Avoid these often-overlooked missteps:

Not Calling the Police : Failing to report the accident can leave you without an official accident report, which is a vital piece of evidence.

Posting on Social Media : Sharing updates about the accident or your recovery can be used against you by insurance companies.

Delaying Legal Action : Waiting too long to contact an attorney or file a claim can harm your case, especially if the statute of limitations expires.

Ignoring Evidence Collection : Forgetting to take photos, collect witness information, or document the scene can make it harder to prove your case.

Protect Your Rights Today

Don’t let avoidable mistakes jeopardize your personal injury claim. If you’ve been in an accident, the best way to protect your rights is to seek legal guidance immediately. Contact our experienced personal injury attorneys for a free consultation . Let us handle the details while you focus on your recovery.

Contact Us Today for a Free Consultation

Accidents don’t follow a 9-to-5 schedule, and neither do we. Schedule a consultation at no cost—whether in person or over the phone.

East Florida:
Call us at (954) 834-0404 or visit
685 E Hillsboro Beach Blvd, Deerfield Beach, FL 33441

West Florida:
Call us at (813) 200-5894 or visit
2925 Alt 19 N, Suite B, Palm Harbor, FL 34683

Email: contact@retamarmillian.com

When to Claim Personal Injury After an Accident in Florida

rcm@retamarmillian.com (Rick Millian) — Fri, 13 Dec 2024 19:48:05 GMT

Claim Personal Injury or Use Health Insurance?

Being in a car accident is stressful enough without the added confusion of deciding how to handle medical bills and other expenses. Do you use your health insurance or talk to a personal injury attorney? You don’t want to pay out of pocket for something that wasn’t your fault, but you also don’t want to come across as someone trying to "profit" from the situation. If you feel overwhelmed by the legal and claims process, know that you’re not alone. Many people face the same uncertainty. Understanding your options can help you make the best decision for your unique situation.

Pros and Cons of Filing a Lawsuit for Personal Injury

Filing a lawsuit can be a significant decision, so weighing the advantages and disadvantages is essential.

Pros of Filing a Lawsuit:

Fair Compensation : Ensure you receive payment for medical bills, lost wages, and pain and suffering.
Accountability : Hold the responsible party accountable for negligence.
No Upfront Costs : Many personal injury lawyers work on a contingency basis, meaning no fees unless you win.

Cons of Filing a Lawsuit:

Time-Consuming : Lawsuits can take months or even years to resolve.
Emotional Stress : Legal proceedings can add stress to an already challenging situation.
Uncertain Outcomes : There’s no guarantee of winning or receiving the full amount you seek.

In Florida, understanding the no-fault system is vital. This system ensures your injuries are covered through your own insurance policy, regardless of who caused the accident. Personal injury protection (PIP) benefits make medical treatment accessible without needing to establish fault, but there may be limits to what your insurance covers, especially for severe injuries. You must go to your doctor within 14 days of the accident, otherwise your PIP coverage may not apply.

When Should You Sue for Personal Injury?

Deciding to file a lawsuit after a car accident is not a decision to take lightly, but it may be necessary in certain situations. Here are some scenarios where pursuing legal action could be the right step:

Your Medical Expenses Exceed Your PIP Coverage:

Florida’s no-fault system provides Personal Injury Protection (PIP) coverage for medical expenses and lost wages , regardless of fault. However, PIP typically covers only up to $10,000 in medical costs and may not cover all treatment types or extended care needs. If your expenses surpass this amount, filing a lawsuit may help you recover the additional compensation you need to avoid financial strain.

You Suffer Permanent or Severe Injuries:

PIP benefits are designed for minor injuries and immediate medical care, but they often fall short for serious or catastrophic injuries. If you experience permanent impairments, such as paralysis, traumatic brain injuries, or loss of a limb, the costs of ongoing medical treatment, rehabilitation, and loss of future income can be overwhelming. In such cases, a personal injury lawsuit may secure compensation for these long-term damages, including pain and suffering.

The Insurance Company Denies Your Valid Claim or Offers an Unreasonably Low Settlement

Unfortunately, insurance companies sometimes act in bad faith, denying valid claims or offering settlements far below what your case is worth. If you've provided documentation of your injuries and losses and the insurer still refuses to cooperate, a lawsuit may compel them to take your claim seriously.

Other Factors Warranting a Lawsuit:

Lost Wages and Reduced Earning Capacity: If your injuries prevent you from working or earning at your previous capacity, a lawsuit can help you recover these losses.
Emotional and Psychological Damages: Severe accidents often cause significant emotional distress , such as anxiety, PTSD, or depression. These damages are not covered by PIP but can be addressed in a personal injury lawsuit.
Disputed Fault: If there’s disagreement about who caused the accident and you are unfairly assigned blame, legal action may be necessary to establish liability and recover damages.

When to File a Personal Injury Claim

Not every accident requires a lawsuit to achieve a fair resolution. In many cases, filing a personal injury claim with the at-fault party's insurance company—or even your own—can be sufficient to recover damages and move forward. However, certain situations may require more attention, especially when dealing with uninsured or underinsured motorists.

When Your Injuries Are Minor but PIP Coverage Falls Short

Florida’s Personal Injury Protection (PIP) coverage is intended to address medical expenses and lost wages for minor injuries. However, PIP benefits are limited, typically up to $10,000, and may not cover all your expenses. If your injuries exceed your PIP limits, filing a claim with the at-fault party’s insurance—or with your own uninsured/underinsured motorist (UM/UIM) coverage—can help you recover the remaining costs without pursuing litigation.

Dealing with an Uninsured or Underinsured Driver

If the at-fault driver lacks sufficient insurance or has no insurance at all, your UM/UIM coverage can step in to cover your medical expenses, lost wages, and other damages. While this coverage is designed to protect you, even your own insurance company may undervalue or deny your claim. Having legal representation ensures your insurer upholds their obligations and compensates you fairly.

Seeking Reimbursement for Property Damage

If the primary damage from the accident involves your vehicle or other personal property rather than significant physical injuries, filing a claim may suffice. Whether you pursue compensation through the at-fault party’s insurance or your UM/UIM coverage, an attorney can help ensure the settlement you receive adequately reflects your property’s value and repair or replacement costs.

Exploring Settlement Options Without Litigation

Many people prefer to resolve claims without going to court. Filing a personal injury claim allows you to negotiate directly with the at-fault party’s insurer or your own UM/UIM provider. This process can often result a quick settlement that may or may not addresses your needs without the time, expense, and stress of litigation.

When the Circumstances Are Favorable for Filing a Claim

Certain factors make filing a claim more straightforward and less contentious, such as:

Clear Liability: When fault for the accident is undisputed, insurance companies are often more willing to negotiate.
Urgent Financial Relief: If you need compensation quickly, resolving a claim is usually faster than filing a lawsuit.
Modest Compensation Needs: If your damages are relatively minor, a claim may be sufficient to recover your losses without additional legal action.

Whether you’re dealing with an at-fault driver’s insurance or filing a UM/UIM claim, taking proactive steps can protect your financial and legal interests, allowing you to focus on recovery.

The Most Important Step: Consult a Reputable Law Firm

At Retamar & Millian, we understand that navigating the personal injury process can feel overwhelming. That’s why we prioritize your comfort and understanding every step of the way.

Why Choose Retamar & Millian?

Personalized Support and Accessibility : Work directly with attorneys who are available via texts and calls—even after hours.
Client-First Approach : We check in on your treatment progress and well-being regularly.
Tailored Care : From finding doctors to scheduling appointments, we ensure your needs are met.
Approachable & Relatable : Ask any questions without fear of judgment.

Our 5-star reviews on Google reflect our commitment to personalized care and long-term client relationships. We represent plaintiffs in an accident. If you are at fault in a case, you want to consult with your insurance company.

Contact Us Today for a Free Consultation

Accidents don’t follow a 9-to-5 schedule, and neither do we. Schedule a consultation at no cost—whether in person or over the phone.

East Florida:
Call us at (954) 834-0404 or visit
685 E Hillsboro Beach Blvd, Deerfield Beach, FL 33441

West Florida:
Call us at (813) 200-5894 or visit
2925 Alt 19 N, Suite B, Palm Harbor, FL 34683

Email: contact@retamarmillian.com

Let Retamar & Millian guide you to the compensation and peace of mind you deserve.

FLORIDA HB 837 IS A GIVE AWAY TO THE INSURANCE COMPANIES

rcm@retamarmillian.com (Rick Millian) — Wed, 01 Mar 2023 20:24:18 GMT

Stop me if you heard this before from politicians, if we pass this bill it will bring down insurance rates and if it doesn’t we will address the rates later. Fool me once shame on you, fool me twice shame on me. Every year the insurance industry lobbies the state legislature for “reform” that it says will reduce insurance rates. Fortunately, until now, drastic “reform” has not occurred and the insurance lobby has not been able to get its wish list passed by the state. Unfortunately, Governor Ron DeSantis and his allies have indicated that they are about to give the insurance industry the biggest gift they can, all in the name of “tort reform”. HB 837 does nothing except strengthen the insurance companies and deny victims meaningful access to the courts, representation by an attorney and access to medical care.

Insurance Companies will Have Open Season to Evaluate Cases in Bad Faith

HB 837 allow insurance companies to act in bad faith and gives them an opportunity to cure its bad faith after it does. Bad faith is one of the biggest tools that attorneys have in making sure insurance companies evaluate cases properly and HB 837 severely curtails accident victims ability to hold insurance companies responsible when the do act in bad faith.

If a Person Causes You Injury They May Not be Required to Pay for your Damages

Currently, Florida is a pure comparative negligence state in which fault for an accident is spread to the persons involved in the accident. If a party causing an accident is only 40% responsible for causing an accident than they can only be responsible for 40% of the damages. HB 837 makes Florida a modified comparative negligence state in which if you are less than 50% at fault for an accident than you cannot be held responsible for the accident. Thousands of injured persons would be denied their day in court and if you practice injury/accident law, you can bet that the insurance companies will almost always claim that its insured is less than 50% at fault for accidents, thus precluding recovery.

Future Medical Expenses Could be Capped to 140% of the Medicaid Rate

This provision would effect low income and uninsured persons the most. Medical providers would only permitted to charge uninsured persons for their services, very low rates that are dictated by Medicare and Medicaid. Many doctors will simply refuse to treat persons without insurance thus leaving many accident victims with no real ability to treat for their injuries.

Additional Protection for Accident Victims are Also Being Stripped Away

There are other provisions of HB 837 that are problematic, such as the watering down of the attorney client privilege regarding medical treatment and one way attorney fees that are sometimes a victim’s only way to secure representation against the big bad insurance companies.

In short, HB 837 is a disaster for Florida residents and an absolute give away to the insurance companies. Just like a few years when our legislature promised PIP Reform would lower insurance rates and they have continued to rise. Oh, and the politicians at that time also promised to deal with the insurance companies if they raised rates.

Again, fool me once, shame on you, fool me twice, shame on me. Contact Governor Desantis and your local state legislator and tell them you are tired of Insurance companies getting what they want while victims lose rights and all Florida insurance rates still go up. HB 837 is bad for the people of Florida.

Tweet Governor Desantis @govRonDeSantis - https://twitter.com/govRonDeSantis

Contact an Experienced Car Accident Attorney

Retamar & Millian, P.A. is available to assist you on all your car accident-related issues. We will help you navigate around the road blocks thrown in your way by insurance companies along the way.

If you need assistance on any of the issues related to your car accident, contact Retamar & Millian, P.A. at 813-200-5894 for a free consultation.

Retamar & Millian, P.A.

2925 Alternate 19 N., Suite B

Palm Harbor, Florida 34683

And

685 East Hillsboro Blvd

Deerfield Beach, Florida 33441

Contact an Experienced Injury Attorney.

East Coast Florida (954) 834-0404

West Coast Florida (813) 200-5894

Contact an Experienced Car Accident Attorney

Rain or shine, should you be involved in a crash, Retamar & Millian, P.A. is available to assist you on all your car crash related issues. We will examine all aspects of your case and provide you counsel on how to protect yourself and recover for your injuries should you be involved in a motor vehicle crash.

If you need assistance on any of the issues related to your car crash, contact Retamar & Millian, P.A. at 813-200-5894 for a free consultation.

Bigger Always Better? What you need to know when looking for an injury attorney.

Thu, 11 Aug 2022 15:29:07 GMT

What you need to know when looking for an injury attorney.

We have all heard the commercials, seen the billboards, and remembered the lines verbatim. Bigger is better..........but is it? That is the age-old question that seems to be back in style.

I’m sure there are some perceived advantages to going with the big law firm but are those advantages real or just perceived? For example, is a steak better if it comes from a national chain or is it better if it comes from a mom-and-pop restaurant, is an accountant with a national accounting firm better than a solo practitioner? I guess it is all in what you perceive as being better. If you go to the mom and pop restaurant, you get to meet mom and pop; if you go to the local accountant, you get to meet the person doing your taxes. They get to meet you, and you develop a relationship with the person helping you.

Sure, in the “big firms”, I guess you could meet your attorney in the, but in all likelihood, to be a big firm, they have to spread themselves thin and make your primary point of contact a case manager, a paralegal or some other employee of the “big firm.”

Do you have your big firm attorney’s cell phone number? Not his/her work cell phone but his/her personal cell phone number? My clients have my personal cell phone, the one my family and friends call me on because we treat our clients the way we treat our friends and family. While of course, my clients speak with my case managers and other employees as well, they know that if they need me or simply would rather talk to me, they can call or text me on my cell, 24 hours a day, 7 days a week, 365 days a year.

In the over 80 years of combined experience at Retamar & Millian, we cannot tell you how many times we have received calls from clients of big firms complaining they signed up with the big firms and now 6, 12 months in, have never spoken with their attorney. There are too many times to be able to count.

Now, this is no way meant to disparage big firms or say that they do not have very good attorneys and staff at big firms; they do. In fact, we have friends at big firms; there are incredibly talented and intelligent people at big firms. However, the point is just because something is big does not necessarily mean better or more talented or more educated or more qualified.

Take your time, research, speak with friends and family, and then make the best decision for you and your family regarding your injury case. It is very personal to you and your family when you are injured, whether in a car crash, a slip and fall, or in any other way. You deserve an attorney who will work tirelessly to compensate you for your injuries but treat you like you are one of the family.

Contact an Experienced Injury Attorney.

East Coast Florida (954) 834-0404

West Coast Florida (813) 200-5894

Contact an Experienced Car Accident Attorney

If you need assistance on any of the issues related to your car crash, contact Retamar & Millian, P.A. at 813-200-5894 for a free consultation.

IT’S RAINING AGAIN - WELCOME TO FLORIDA

Sun, 11 Jul 2021 16:54:40 GMT

IT’S RAINING AGAIN - WELCOME TO FLORIDA

As we are now fully into the Florida rainy season, many injury law firms, hospitals and doctors’ offices are seeing the annual increase in persons injured in car crashes. It happens every year around during the rainy season. While you cannot prevent all accidents from occurring there are steps that you can take to lower your risk of an accident during the rainy season.

Steps to Take to Lower Chances of an Accident in Bad Weather

Before the rainy season and quite frankly at least 2 or 3 times per year you should inspect your car or have it inspected to make sure it is in proper working order. Specifically, make sure your lights, front and tail are working properly, your tires are in good condition and your windshield wipers, front and back are in good working order as well.

Tires and Windshield Wipers - Inspect them Often

Especially in Florida, windshield wipers should be cleaned and/or changed frequently. We use our windshield wipers a lot in Florida, whether its due to weather conditions or just cleaning our windshields due to pollen or bugs. Our windshield wipers get a workout here in Florida. A good rule of thumb is to replace your wiper blades every 6 months in Florida at a minimum. However, if you notice any streaking when you put your windshield wipers on, don’t take a chance, replace your wiper blades

We get it, tires are expensive and time consuming to maintain but this may be the most important vehicle part your vehicle has to prevent crashes in bad weather. A simple test you can do for yourself is the penny test. Place a penny head first into several tire grooves on each tire. If you can see the top of President Lincoln’s head you need new tires. Other indications of needing new tires, include but are not limited to cracks in tire sidewalls, tire bulging and excessive vibration while driving. Check you tires often as this may be the best way to prevent an accident in bad weather. Driving with bad tires can cause serious crashes that result in serious injuries and even death.

Avoid “Puddles” During and After Storms

Finally, use common sense. Roadways in Florida flood early and often during rain storms. If you come to what you think is a puddle on the roadway, avoid it if possible. While it may in fact be just a puddle and likely no effect on you or your vehicle there are many instances of the water being deeper than you thought, there being a pothole in that water or numerous other hazards lurking in the puddle that can result in your vehicle being more dangerous to drive after going thru the puddle.

Florida Laws - Headlights and Hazard Lights

Florida Statute 316.217(1)(b) requires your headlights to be illuminated when there is rain. We have all forgotten at times to do this (which is why, if available, always make sure your headlights are set to the automatic position, so you don’t have to worry about forgetting) but it is your responsibility to make sure your headlights (and tail lights) are illuminated while driving in the rain.

Can you use your hazard lights in bad weather? For decades the answer in Florida was NO. However, on July 1, 2021, the answer changed to YES in some circumstances. You can now use your hazard lights when there is “extreme low visibility” AND on roads where the speed limit is 55 mph or more. Florida has now joined at least 40 other states in allowing hazard lights to be used in bad weather.

Contact an Experienced Car Accident Attorney

If you need assistance on any of the issues related to your car crash, contact Retamar & Millian, P.A. at 813-200-5894 for a free consultation.

You Probably Do Not Have Full Automobile Insurance Coverage

Tue, 27 Apr 2021 17:19:35 GMT

Legal Full Coverage in Florida only requires you to have Personal Injury Protection Coverage and Property Damage Coverage

I cannot tell you how many times I have had a client call our office and tell us they have “full coverage.” Unfortunately, their idea of full Coverage is usually different than what I and most other attorneys would consider full Coverage. In fact, in Florida, over 20% of the drivers on the road have no insurance at all. If you add to it the persons driving on our roads with the minimum amount of insurance required by Florida law, that percentage skyrockets.

Legal “Full Coverage” in Florida

To drive legally in Florida, you are only required to have Personal Injury Protection (pays up to $10,000.00 of your medical bills, regardless of who is at fault for the accident) and Property Damage (which covers you if you cause damage to someone else’s property). In Florida, you are not required to carry insurance on your vehicle that provides Coverage if you injure someone else or if you are injured by someone that does not have the proper insurance or has no insurance at all (these are both optional types of Coverage you can and should have on your automobile insurance policy).

Real “Full Coverage” in Florida

While there are all different types of Coverage you could have on your automobile insurance policy; this article will go over just a few. First is Comprehensive, which replaces or repairs your vehicle if your car is stolen or damaged for something other than an accident (usually fire, falling tree branch, vandalism, etc). Next is Collision, which covers your vehicle if your vehicle is damaged in an accident. Comprehensive and Collision are optional coverages if you own your vehicle outright. However, if your vehicle is financed or leased in almost all instances, your lender will require these coverages.

Next, as discussed more fully above, Florida law requires Personal Injury Protection and Property Damage Coverages.

The next two types of coverages are perhaps the most important that are not required in Florida; Bodily Injury Coverage; and Uninsured/Underinsured Motorist Benefits. First, Bodily Injury Coverage provides insurance for you should you be involved in an accident and cause injuries to another person. The minimum Bodily Injury Coverage is usually $10,000.00, but we recommend you carry a minimum of $50,000.00 in Bodily Injury Coverage.

Next, Uninsured/Underinsured Motorist Benefits provides insurance coverage to you if you are injured in an accident that is caused by someone that is either not insured or does not have sufficient Bodily Injury Coverage to compensate you for the damages you sustain in the accident.

Contact an Experienced Car Accident Attorney

Retamar & Millian, P.A. is available to assist you on all your car accident-related issues. We will review your policy, the policy of those you live with and any and all other insurance policies that may have a connection to your accident in order to determine what type of coverages are available to you should you be involved in an accident.

Retamar & Millian, P.A. is available to assist you on all your accident related issues.

If you need assistance on any of the issues related to your car accident, contact Retamar & Millian, P.A. at 813-200-5894 for a free consultation.

Unacceptable Dangers Associated With Texting And Driving

Tue, 26 Jan 2021 19:28:06 GMT

You are more likely to cause an accident texting and driving than you are drinking and driving

Texting and driving is an unacceptable and illegal action to take. Many lives can be saved, and many injuries can be avoided by simply putting your cell phone away while driving. Even hands-free devices can result in distracted driving.

Statistics from the National Safety Council evidence that over 1.6 million motor vehicle accidents per year involve one of the persons involved using his/her cell phone at the time of the accident. Of the 1.6 million accidents, almost 400,000 (25%) include texting and driving at the time of the accident. The average text takes approximately 5 seconds to type, and at 55 mph, you are distracted almost the length of a football field.

We all know how dangerous drunk driving is, and we all probably know somebody that has been in an accident with a drunk driver or was driving drunk themselves. What if I were to tell you that texting and driving are statistically more dangerous than drunk driving. According to the National Safety Council, texting while driving is 6x more likely to cause an accident than a person driving drunk.

All types of distracted driving, whether texting, surfing the internet, talking on your cell phone, or eating and driving, significantly increase the likelihood of being involved in a motor vehicle accident.

Of the 1.6 million accidents, almost 400,000 (25%) include texting and driving at the time of the accident.

Florida has Banned Texting and Driving

In 2019, Florida passed a law prohibiting texting and driving. As of January 1, 2020, you can be cited by law enforcement for texting and driving. A first offense is a $30 fine and court costs, and a second is a $60 fine, court cost, and 3 points on your driver’s license.

Texting and Driving Can Result in you Paying Punitive Damages

In most motor vehicle accidents, if you cause the accident and another person is injured, you may be responsible for compensatory damages, i.e., medical bills, lost wages, and pain and suffering. However, if you are texting and driving and cause an accident, you may be punished for that action (in addition to the fines and points on your license) with punitive damages.

Punitive damages are rarely sought in motor vehicle accidents. However, accidents caused by texting and driving or drunk driving can undoubtedly expose you to punitive damages. To make matters worse for you, your automobile insurance policy will generally not insure you for punitive damages. As such, you would be personally responsible for paying the punitive damages if awarded.

Contact an Experienced Car Accident Attorney

Distracted driving accidents require an experienced accident attorney to gather the evidence necessary to prosecute your case. From cell phone records to video cameras, often subpoenas or court orders are necessary to obtain the information.

Retamar & Millian, P.A. is available to assist you on all your car accident-related issues, including accidents that occur because of distracted driving. More importantly, Retamar & Millian, P.A. implores you to put down your cell phone and wait until you reach your destination before reading a text, sending a text, or using your cell phone at all. The life you save could be your own.

If you need assistance on any of the issues related to an accident, contact Retamar & Millian, P.A. at 813-200-5894 for a free consultation contact us .

Waiving Cars Through Traffic Could Result In You Being Responsible Should The Car You Waive Through Be Involved In An Accident

Tue, 29 Dec 2020 18:37:12 GMT

Sometimes being a nice person could open you up for liability

Be very careful signaling to other cars and pedestrians that it is safe for them to cross a road or enter traffic. Just because you were not involved in the accident does not mean you may not have some liability for causing the accident.

Sometimes being a nice person could open you up for liability

We recently were retained by a young high school girl who was hit by a car while riding her bicycle. She came to a stop at an entranceway to a parking lot. A car was getting ready to turn right into the parking lot, and a car was leaving the parking lot, getting ready to turn left. The car attempting to turn right, stopped, waived our client on indicating it was safe to cross the entranceway. Our client proceeded to ride her bicycle across the entranceway. Unfortunately, the car that was leaving the parking lot thought the other car was waiving for him to proceed. As such, his car collided with our Client as she rode her bicycle.

While our Client was significantly injured, luckily, she was not killed in this accident. She sustained broken bones, cuts, and injuries to her neck and back.

Dealing with Insurance Companies - Waiving Cars Thru Traffic

We filed claims against both the car that struck her and the car that waived her on. Both insurance companies tendered their insured’s policy limits to us for this client. In some cases, you may not be liable for an accident in which you signal to others it is safe for them to take some action; however, there are times where you can be held liable. The Florida Supreme Court has decided that liability for these types of cases must be determined on a case-by-case basis examining all the facts.

Regardless of the situation, call a personal injury lawyer anytime there is an accident. We work as a check and balance to insurance companies who push you through the system instead of looking at your accident's specific facts.

Contact an Experienced Car Accident Attorney

These types of cases are almost impossible to do on your own and very difficult to do even with an attorney. They often require an expert to ensure that your case is evaluated correctly.

Retamar & Millian, P.A. is available to assist you on all your accident related issues.

If you need assistance on any of the issues related to your car accident, contact Retamar & Millian, P.A. at 813-200-5894 for a free consultation.

Biggest Misconceptions About Sustaining Severe Injuries When Involved In A Fender Bender

Tue, 29 Sep 2020 18:48:50 GMT

Common misconceptions about auto accidents and injury claims.

In a case, with $65.00 in property damage, no surgeries by our Client, we obtained a settlement of $210,000.00.

In another case with less than $250.00 in property damage, we secured a $610,000.00 settlement, again without any surgeries on our Client.

Finally, with no visible property damage and a letter from an insurance company less than 72 hours after the accident occurred that stated the insurance company will not be paying any injury claim on the case, we were able to obtain a settlement of $200,000.00, which was the total amount of insurance available for this accident.

Now, these settlements are just examples of excellent results. There are other cases in which in fact, the injuries sustained by our clients are minor. However, two of the three cases referenced above were rejected by other Law Firms before we took over the cases. It is our attention to detail and belief that no accident is too minor or case too small that allows us to get these great results.

Every accident and every case is unique, regardless of what the insurance company tries to claim.

with no visible property damage and a letter from an insurance company less than 72 hours after the accident occurred that stated the insurance company will not be paying any injury claim on the case, we were able to obtain a settlement of $200,000.00, which was the total amount of insurance available for this accident.

You Can Sustain Severe Injuries When your Vehicle Only Sustained Minor Damage in an Accident

As attorneys, Retamar & Millian, P.A. hear this all the time from insurance companies “I/You can’t be hurt because the vehicle involved in the accident only sustained minor damage to it.” Some insurance companies will send letters to this effect. Ask any attorney that practices Injury Law, and they have been informed by insurance companies that your injury claim has nominal value due to only minor damage to your vehicle.

Usually, the first thing an insurance adjuster will look at in evaluating a claim is the amount of damage your automobile sustained in a motor vehicle accident. Shockingly, some attorneys also base their evaluation of your injury case solely on the amount of damage sustained by your motor vehicle. Consequently, they will either reject your case or spend little time on your case as they have already determined that it has little to no value. Retamar & Millian does not take that approach.

Even a Small Amount of Damage to Your Vehicle can Cause Great Bodily Harm to You

Studies by the Florida Highway Safety and Motor Vehicles evidenced that both fatalities and injuries occurred in “Low-Speed” crashes, between vehicles. The Department defined low speed as vehicles traveling between 1 and 10 miles per hour at the time of the accident. It is safe to say that in these “Low-Speed” crashes there was also only “minor” damage to your vehicle. This is not to say that all accidents result in injuries but to dismiss a case or an injury based solely on the amount of damage to a vehicle involved in the accident is not only lazy but goes against the science that is out there. You can suffer significant bodily injury and even death in cases where your vehicle sustains little to no damage in an accident.

Dealing with Insurance Companies – Minor Damage to Vehicle, Great Bodily Harm

Insurance companies are difficult to deal with even in catastrophic accidents, never mind when the first photograph they see of a vehicle makes it hard to see the damage to the vehicle in the accident. It takes an experienced attorney who does not have preconceived notions to properly evaluate and prosecute minor vehicle damage and great bodily harm cases.

Retamar & Millian treats all its cases the same which eliminates preconceived notions that you are not injured and your case has no value because there was little to no damage to your car.

Contact an Experienced Car Accident Attorney

These types of cases are almost impossible to do on your own and very difficult to do even with an attorney. They often require an expert to ensure that your case is evaluated correctly.

Retamar & Millian, P.A. is available to assist you on all your car accident related issues, including but not limited to your injury, property damage (car and other personal property) and diminished value claims.

If you need assistance on any of the issues related to your car accident, contact Retamar & Millian, P.A. at 813-200-5894 for a free consultation.

After a Car Accident is My Car Worth Less in Florida?

Wed, 19 Aug 2020 22:04:53 GMT

Diminished value (often referred to as "DV") is the loss in value my car sustained as a result of having been damaged in an accident in Florida.

Imagine you are involved in a car accident, your car is towed from the scene of the accident, and you are taken by ambulance to the hospital. You immediately call a car accident attorney, and he/she gets to work on your case as quickly as possible. You begin to get treatment for your injuries. Your car receives the $6,000.00 for the damages it sustained. Your vehicle is repaired, and everything is as good as new.

Eventually, your injury claim is settled, and you are paid some money for your injuries. All is right in the world. Hopefully, you weren't catastrophically injured, your medical bills got paid, your car got fixed, and you have some additional money in your pocket.

A few years later, you go to trade-in your vehicle. You look up the Kelly Blue Book value before you go to the car dealership and find that your car is worth $20,000.00. With this information in hand, you go to the car dealership to buy a new car. You are excited because you have all the information you need to make sure you finally win a battle with a car salesperson. You pick out the new car you want. The dealership takes your vehicle to be evaluated. After being appraised, the dealership informs you that your car is only worth $13,000.00 due to the accident.

Stunned, you can barely talk, but you manage to ask why. The dealership shows you the numbers, and you are not happy. This fact scenario happens often (different amounts and sometimes trying to sell your car as opposed to trading it in, but we see this all the time). Your car suffered diminished value; the second the car was involved in the accident. Your vehicle may run the same way it did before the accident, and it may look the same, but unfortunately, it is not worth the same.

Can you be compensated for the diminished value of your car when it is involved in an accident that you did not cause? The simple answer is yes, however, there are many variables that can turn this yes into a no.

Your car suffered diminished value the second it was involved in the accident. Your car may run the same way it did prior to the accident and it make look the same but unfortunately, it is not worth the same.

Contact an Experienced Car Accident Attorney

Diminished value claims, while usually not as valuable as an injury claim, are very difficult to do on your own. They often require an expert to ensure that your diminished value claim is evaluated correctly.

If you need assistance on any of the issues related to your car accident, contact Retamar & Millian, P.A. at 813-200-5894 for a free consultation.

Or find your nearest office.

Premises Liability | Bar Fights and Liability | What Everyone Should Know

Tue, 07 Jul 2020 17:56:59 GMT

How to hold a bar, restaurant, or establishment responsible for injuries you sustain when injured by another person at a bar, restaurant, or other establishment.

You and your friends go to the local sports bar to watch the football game. You are having a great time when suddenly three visibly drunk and rowdy guys show up to the bar. You watch them stand at the bar, order a few beers and a few shots. They are yelling at the television as their team is losing. Ultimately their team loses, and as you make your way to the bathroom (wearing the team colors of the team that beat theirs), the unruly men taunt you and threaten you. You try to ignore them the best you can. After you exit the restroom, the men at the bar continue to insult you. You go back to your table, things escalate, and the next thing you know... you have a severe injury.

When visiting a bar, restaurant, or any establishment, you are a guest/an invitee. You have a right to enjoy the public services safely from undue harm or injury.

Premise Liability and Fights

When visiting a bar, restaurant, or any establishment, you are a guest/an invitee. You have a right to enjoy the public services safely from undue harm or injury. The bar must do everything within reason to ensure guest safety and well-being. This includes preventing people from getting punched.

Each case is different and must be reviewed to determine if the owner did do everything within reason or if they were negligent in protecting patrons. Premise law extends beyond the bar itself, and owners are responsible for providing safe parking lots, alley-ways, and all other property that surrounds the bar.

Contact an Experienced Premise Law Attorney

Retamar & Millian, P.A. is available to assist you on all your premises liability injury claims. In addition to handling all premises liability cases, Retamar & Millian P.A. also handles all other types of claims, including but not limited to auto accidents, property damage claims (car and other personal property), and diminished value claims.

If you need assistance on any of the issues related to your injury, contact Retamar & Millian, P.A. at 813-200-5894 for a free consultation.

After a Car Accident is My Car Worth Less?

Wed, 10 Apr 2019 12:28:16 GMT

What is your cars value after an accident?

Your car suffered diminished value the second it was involved in the accident. Your car may run the same way it did prior to the accident and it make look the same but unfortunately, it is not worth the same.

Diminished Value – Car Accidents

Diminished value (often referred to as "DV") is the economic loss in a property's value as a result of having been damaged. While diminished value can occur to most personal property, this blog will concentrate on the loss of value of your car after a car accident.

Many people often overlook the loss of value their car sustains when it is involved in a car accident. Oftentimes, you do not think of that loss of value until it comes time for you to trade your car in or sell it. At that time, you realize that the car accident you were in (sometimes years prior) caused you economic harm that you were not compensated for.

For example, minimal damage to a 10-year-old car, in theory is compensable, but in reality is not. The amount of damage to a car, the type of damage to a car and condition (including age) of the car are important factors in determining whether a case can be prosecuted for diminished value after a car accident.

Dealing with Insurance Companies – Diminished Value

If you thought negotiating with the insurance company for the injuries you sustained in your accident was difficult wait until you negotiate with them on your diminished value claim. You would think that the process is pretty simple, and it should be, but like many other issues, insurance companies make it as difficult as possible in hopes that you will either give up or take pennies on the dollar to simply “put this case behind you.”

Some insurance companies use a biased, invalid formula, which only benefits them. The formula requires the insurance company to place an arbitrary cap on damages, apply a damage multiplier that reduces the amount of your diminished value claim and then reduces the amount of the claim again based upon the mileage on your car. Many attorneys have fought this analysis and won. Whereas some insurance companies will flat out deny your diminished value claim in hopes that you will simply go away.

Contact an Experienced Car Accident Attorney

If you need assistance on any of the issues related to your car accident, contact Retamar & Millian, P.A. at 813-200-5894 for a free consultation.

Or find your nearest office.

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Spring Break Injury? Know Your Legal Rights

Injured on vacation? Learn the steps to take after a spring break accident to protect your rights and seek compensation.

Spring Break Injury: What to Do If You're Hurt on Vacation

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1. Seek Immediate Medical Attention

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6. Contact a Personal Injury Attorney for Legal Help

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Protect Your Rights and Enjoy a Safe Spring Break

How Personal Injury Settlements Affect Your Taxes

Discover how personal injury settlements impact your taxes, what’s taxable, what’s not, and how to minimize tax liability. Read more.

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What to Do After a Car Accident

At the Time of the Accident: Exchange Information, Call the Police, and Take Pictures

If You Are at Fault: Contact a Traffic Ticket Attorney

If You Are Not at Fault: Call a Personal Injury Attorney

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Rental Options After an Accident

Learn how to get a rental car quickly after an accident, whether through your insurance or the other party’s. Find the best way to stay mobile.

Need a Rental Car After an Accident? Here’s What to Do

Why You Should Let a Lawyer Handle Getting a Rental Car

What Is a Diminished Value Claim?