Why Choose Martin John Hernandez, PA?

We have been serving victims of injury in Plant City and Tampa, Florida, for decades. You may want to work with someone from our team because:

 We offer contingency-fee-based representation for injury victims. We know you may be in a challenging financial situation at this time, so it won’t cost you anything to get started on your case with us.

 We go the extra mile. During the process of your case, we don’t want you to feel like a number. Our attorneys will be responsive throughout the whole process, keeping you regularly updated and explaining your legal options without the legalese.

 We understand the local area and local laws. As a Plant City and Dover based firm, we know the Plant City area well. Our connections in the region allow us to collect detailed evidence for your case. We will also use our understanding of local laws to your benefit.

We offer free consultations so you can understand your next steps. The call is free, and there is no obligation. You only pay us if you win and collect! Why? Because we work on a contingency fee.

 We work hard to make the process run smoothly for you. Our team is here to help.

We Will Fight for the Fair Value of Your Case

Many accident victims want to understand what their case may be worth. Essentially, your case value could vary depending on the following factors:

•  The severity of your injuries

• The cost of your medical care

• The extent to which the injury has affected your ability to work

• The extent to which the injury has impacted your life and everyday routine

 So, we will work to understand each of these factors in your situation. Then, we will put a value on both your financial and non-financial losses and seek all available compensation through an insurance claim or lawsuit.

 When we assess your case value, we will determine a number that reflects your past, present, and future losses. This means that we will seek compensation for any future medical care that you may require in order to treat your injuries, in addition to compensation for past expenses.

Going Beyond PIP After a Plant City Car Accident

When a car accident happens in a no-fault state, such as Florida, the parties involved typically first turn to their own insurance’s personal injury protection (PIP) coverage to reimburse them, per Florida Statutes § 627.736. They typically seek reimbursement for 80% of their medical bills and 60% of their lost wages, regardless of who was at fault.

 PIP insurance can be helpful for less serious injuries and accidents, where a claimant can recover and return to work again within a relatively short time frame. However, PIP policies have a maximum amount that will be covered. Many Florida PIP plans are capped at the minimum coverage amount of $10,000, although the exact limit of your PIP can be found in the details of your policy.

 If you have been involved in an accident, you may be able to receive compensation from the responsible party for your remaining damages in a personal injury lawsuit.

Proving Negligence in a Car Accident Case

Proving negligence (under Florida Statute) in a car accident case can be challenging. While every car driver owes other drivers and road users a basic duty of care, the plaintiff must typically prove that the other driver was negligent in a personal injury claim or lawsuit.

 Driver negligence can include a violation of traffic laws, such as:

•  Speeding

• Failure to yield

• Not stopping at a red light or stop sign

• Making an illegal turn or lane change

• Not using lights at night

• Rear-ending the car in front of them

• Drunk driving

• Distracted driving

• And more

 Negligence can also occur if a car or car component malfunctions and causes an accident, such as a defective tire that bursts on the road. In this case, a negligent parts manufacturer or mechanic could be liable for the accident.

 Martin John Hernandez, PA can investigate your case and identify the liable party responsible for your injuries when we represent you.

How We Build Evidence in a Car Accident Case

Another driver’s negligence might be obvious to you, but proving it in court calls for evidence. Evidence in a car accident case may include:
 

1. Stop your car and don’t block traffic.  

2. TAKE PICTURES (this is often the best evidence) and then get off of the roadway (if your vehicle is operable) and move to a safe place. Do not stay in the middle of the road in order to preserve evidence of a crash. Just take pictures and then move out of the way. Again, if you are blocking traffic, you have to move your car immediately. Take more pictures once you are out of the way.

3. Call the police. Report the accident and get help from first responders like police and, if necessary, fire rescue.

4. If someone is hurt, get them medical help right away. Do so for yourself too – but not the emergency room unless you are bleeding, struck your head or if you have a broken bone. Quite often Urgent Care is cheaper, faster and better service.

5. Listen to the 911 dispatcher. If they say not to move someone or give them water, do not do it.

6. Give your name, address, car information, and insurance to anyone in the accident who asks for it. When the first responders get there, be polite and respectful. If there was an injury or damage over $500, the police will do a report which is helpful.

7. Investigate and take more pictures and get names and numbers if you can. The best place to get photos is usually the scene of the crash. See if you or someone with you can get pictures of the resting points of the cars, the damage to the other cars. Sometimes in a rear-end crash your car will not have a lot of damage but the other car will have a lot. Get pictures of that.

8. Also, sometimes the police will not put everyone on the accident report. So a witness who would be helpful to you will not be there to help if you do not get his or her name at the scene. If they offer it, don’t lose it. At Martin Hernandez, PA we see witnesses all the time who were not listed on the crash reports. Tampa-Hillsborough roads are busy but try to get the information we need. It can only help your car accident lawyer do his job.

9. Don’t say sorry. Lots of times, people say ‘I’m sorry’ even though they don’t even mean to say they caused the situation. The words come out to be nice and feel empathy. But don’t do it. Because the other person will remember. And, under the Florida Rules of Evidence 90.803(18), a comment like that is admissible in court as an exception to the hearsay rule. So be nice and ask them if they are ok. But do not apologize. The statements cannot come into trial in a personal injury case. This is commonly known as the ‘Accident Report Privilege’ described in Florida Statute 316.066(4).

10. Don’t leave the scene without exchanging information. In Florida, you could be arrested for leaving the scene of a crash with injuries or damage EVEN IF YOU ARE NOT AT-FAULT.

11. Call your car insurance company if injured. Under your car accident insurance policy, you have to report this crash. It is part of the policy that you cooperate and tell them about it. You have benefits under your own policy called personal injury protection (PIP) benefits that will pay for your health care from the crash. You need to report the crash to the company to get the benefits. If you don’t they won’t pay.

When you work with Martin John Hernandez, PA, one of our car accident lawyers serving Plant City can collect evidence to support your case. We may be able to help you build a case, communicate with insurance companies on your behalf, and even obtain expert witnesses if needed while you can concentrate on getting better and getting your life back.