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Your Questions Answered

Our founding attorney, Joe Bernardo, has practiced law since 1986. Drawing on more than two decades of experience, Bernardo Injury Law is dedicated to helping injured people obtain maximum compensation for their injuries in Fort Myers and throughout Florida.

All questions below have been submitted via the Avvo (avvo.com) website FAQs section.

I was in a accident the other was at fault and damages to my car est 10 thousand, medical issues as well do I need a lawyer
Q: Also I want to know is it normal for the doctors office that is treating me to give me the name of the lawyer they use,, they are med spine facility? it seemed a bit off to me? plus I cant find a lot of info on this lawyer ?

A: Put simply, you do need a lawyer based on the facts you described. Of concern to me, however, is this facility recommending a lawyer that you can’t seem to get much information about. I would suggest you do your own research and consult with an experienced personal injury attorney in our state. By the way, some doctors and facilities do recommend attorneys. I would not classify it as normal, however. You need to know the basis on which they made the recommendation.

Need a Personal Injury Lawyer or Any Lawyer That Would Take My Case.
Q: I was in a car accident in my apartment and the person that was driving the car is excluded from the insurance of the car owner. (Now the car owner was in the car and is taking full responsibility for the accident.) But her insurance company denied the claim cause he is excluded…I don’t have the money to fix my truck and I’m injured (my lower back and neck.) Can anyone help me??? Don’t know what to do 🙁

A: A local injury attorney should be able to guide you in this matter. It sounds like there are insurance coverage defenses which could make recovery difficult though. I’m curious as to how you were injured in a car accident in your apartment?

My daughter, has been asked to drive college insured van to varsity tennis practice. Can she be sued if she is in an accident.
Q: They refuse to sign hold harmless letter, saying college vehicle insurance policy( $1million) would cover any liabilities. 7 girls would be in van. College is in MA.

A: A driver of any vehicle can and will be sued if they are negligent and their action caused compensable injury to another. That being said, it sounds like they are providing coverage for her under the policy. I would not accept their word on that. The policy and this situation need to be reviewed by an experienced insurance attorney.

Is a herniated disk in my neck with three bulges in my spine caused by an auto accident worth more then the $10,000 policy
Q: I was involved in an auto accident 3 cars involved I was rear ended and car 1 was at fault. Her policy only has 10k in bodily injury. MRI came back and I have a herniated disk and three bulges in my spine due to the accident. Been going to chiro and physical therapy and it’s not helping. If I go to pain management or further my treatment I might need surgery, but her insurance can’t cover it my attorney said. Am I able to get more then what her policy threshold is. My attorney refuses to take it to trial bc he said her insurance won’t pay. Is this true? If I have surgery I’ll be out work for some time but will I be compensated properly for this permanent damage. My attorney is telling me I won’t get more then what her policy offers and the $10th can’t even cover my surgery. Only $10k. Is this correct? Or all l am I able to get like $150k due to how is affecting my life and needing surgery. Who will pay if I win in trial if I choose to go that route and if I don’t that means I’m not able to get surgery or further my treatment. Am I just stuck with this pain and numbness in my arms and pain in my hips? I don’t know what to do.

A: Yes, and therefore you should have a thorough asset check done on the tortfeasor to determine if they can pay an additional amount above their policy limits. If you have Uninsured/Underinsured motorist coverage, all the better as you can proceed against that coverage for the rest of the value of your claim.

Rear ended
Q: I got rear ended in june my car was totaled the guy who rear ended me got charges careless driving i went to er and after physical therapy 5 moths with neck pain doctor said was a cerv disc displacement and Radiculopathy cervical region pt is done my atorney recived a offer of 7500k i told idont think thats enoguh for the pain i been the past 6 moths he said my injury is no worth much and if i still in pain that i do i should go back to take more therapy and tha will help my claim go up more is that true? is my injury and pain no worth more than 7k

A: I believe this question was just recently asked. The same information applies, only the attorney that has full facts on your case can properly answer case value questions.

Do I have a case?
Q: In May 2015 I fell right outside of Publix in Florida. It was raining and water pouring out of a gutter pipe into the crosswalk where I slipped and fell. My knee is popping, there is some pain and 2 permanent scars on my knee and top of foot. Publix wanted to give me $200 but I asked if they would cover my x-ray should I get one and therapy for the pain. They said they are not liable or responsible for bad weather. I have pictures of my original injury and the pipe.

A: Whether you have a case that is worthwhile pursuing depends on too many unknown factors to be answered properly on this forum. If you want to know something other than maybe and you might have one or there could be negligence, you need to have an attorney who is experienced in fall cases review all the facts and determine whether your injuries warrant pursuing a case.

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