In Florida, laws exist to compensate individuals who are injured due to someone else’s negligence. The extent of injuries in a personal injury lawsuit can vary from bumps and bruises to a traumatic brain injury. There are three different types of personal injury actions :
When the personal injury is due to an accident, proof of negligence must be established. Common personal liability injuries include slip and fall, malpractice, car accidents, and premises liability.
Filing a personal injury lawsuit involves different phases. These include:
In Florida, there are important deadlines for making a personal injury claim. You generally have two years from the date of the accident to file a claim or be forever barred from doing so. This is referred to as the “Statute of Limitations.”
It is important to consult with an attorney as soon as an accident occurs so you do not miss your deadline to file. If you are unsure about your deadline, speak to an attorney. They can examine the circumstances of your particular claim and the applicable statute of limitation in order to ensure that you don’t miss your opportunity to file.
Most employees, apart from those who work for very small agricultural or non-construction businesses, are covered under workers’ compensation in Florida. The following employers are required to purchase workers’ compensation insurance coverage for their employees:
Non-construction employers with 4 or more employees, including non-exempt business owners
Construction employers with 1 or more employees, including non-exempt business owners
Agricultural employers with at least 6 regular employees or 12 seasonal workers
When in doubt, you can always ask your employer if you are covered under workers’ compensation, but if your employer falls into any of the above categories, you should be covered.
Workers’ compensation benefits in Florida fall into three broad categories: medical benefits, lost wages and other monetary compensation, and death benefits.
Your employer’s workers’ compensation insurance carrier must provide medical treatment for work-related injuries and illnesses, including:
To receive these benefits, you must report your injury or illness to your employer as soon as possible; your employer (or their insurance carrier) will dictate which doctor you must visit for care.
You MUST go to the doctors your employer’s workers’ compensation insurance carrier dictates; you will not be compensated for going to your own doctor with a work-related injury. You MUST go to all appointments; skipping appointments may cause your benefits to stop.
The amount, rate, and duration of compensation you’re eligible to receive are based on the severity of your injury and may include:
If a work-related accident leads to death within 1 year of the date of the accident or 5 years of continuous disability, the deceased beneficiaries may receive the following benefits, up to a maximum of $150,000:
To be eligible for workers’ compensation benefits in Florida, you MUST take certain steps:
The expert attorneys at iLawyerUp know how to get you the maximum workers’ compensation benefits you’re owed, so schedule a free consultation today.
At iLawyerUp, we know exactly what causes workers’ compensation claims to get denied and how to ensure you get all the benefits you are entitled to. We don’t get paid unless you do, so schedule a free consultation at our Aventura, Florida office now.
It really depends on the circumstances of your accident. This includes details on the extent of your injuries, how long you needed medical treatment, and how long it takes for the insurance company to evaluate your claim fairly.
There are several factors to look at the value of a claim. These include lost wages and income, present and future medical treatment you will need for your injury, pain and suffering endured, long-term physical impairment, and other specific factors related to your case.
Signing a release means that you give up your right to make any additional claims related to your accident. You should never sign a release without first consulting with an experienced personal injury attorney. You could be giving away thousands of dollars in compensation that you would otherwise be entitled to receive.
It can be a complicated and confusing decision to hire an attorney after you’ve been in an accident. Keep in mind that, in order to be successful in being compensated for your injuries, you need to provide evidence. Unless you are an experienced attorney, this can be tricky. The legal principles that govern personal injury claims in Florida are nuanced and fact-sensitive, so it is best to speak with an attorney first.
You must report your workplace injury or illness to your employer within 30 days of the injury occurring (or within 30 days of your doctor telling you your injury or illness is work-related). The sooner you report your injury to your employer, the sooner you can go to a workers’ compensation doctor and start getting treatment, so the sooner the better.
If you don’t report your workplace injury within 30 days, you may lose your right to receive workers’ compensation, so you need to report it immediately.
Having problems with your workers’ compensation claim? The expert attorneys at iLawyerUp may be able to help. Contact us today.
In Florida, the workers’ comp process has a certain flow to it:
Since workers’ compensation can be complicated and any misstep on your part may lead to you losing your benefits, you may want to consult with a workers’ compensation attorney like the professionals at iLawyerUp.
Your employer is required by law to purchase workers’ compensation insurance. Estimated employer rates for workers’ compensation insurance in Florida are $1.24 per $100 covered in payroll.
This means your employer’s insurance plan is actually the one paying for your workers’ compensation benefits rather than your employer, who is simply paying the insurance company.
Like any insurance company, workers’ compensation plans like to try to pay as little as possible, so you may need an experienced workers’ comp lawyer on your side to get all the benefits you’re owed. If you’re struggling to receive the workers’ compensation benefits you feel you deserve, contact iLawyerUp today for a free consultation.
Temporary Total or Partial Disability lasts for up to 104 weeks (2 years) in Florida. After that, if your doctor determines you are permanently disabled and unable to ever work again, you may be owed benefits for the rest of your life.
An experienced Florida workers’ compensation attorney can help ensure you get all the benefits you are owed after being injured or becoming ill as a result of a work-related accident. We only get paid if you do, so schedule a risk-free consultation to discuss your case with the experts at iLawyerUp today. We may be able to help you get the compensation you deserve.
Personal injury claims permit the recovery of loss of income or wages and medical expenses you need to relieve you of your financial burden. If you were injured in an accident, and are seeking compensation for your pain and suffering, we can help.
Our Florida lawyers specialize in personal injury law and can get you damages to cover the costs incurred because of your injuries. Schedule a free consultation with iLawyerUp today. Our Aventura office helps clients in the Miami and Fort Lauderdale areas get the compensation they deserve for their injuries.
I was the unfortunate victim of a mugging at a large chain supermarket. Guy Noa, Esq. & Daniel Wagner, Esq. were extremely diligent, knowledgeable and aggressive. I could not be happier with the service I received and my settlement. All within less than 4 months.
– Yona Miryam Krikler
Daniel made everything from the beginning very simple and very understandable. Adam was my assigned attorney and always gave me a descriptive update to understand where my case stood. Although it was a long process as most cases, this law firm made it easier to deal with.
– Micaela Fernandez
Hands down the best law firm you can go to Daniel Wagner is the best he really went above and beyond to make sure I was taken care of and my case couldn’t have went better I recommend this firm to anybody who wants to make sure they won’t get taken advantage of , do your research before you choose a lawyer for your case and you won’t be disappointed with this firm ilawyerup and Daniel Wagner if I could give a million stars I would !!!!!!!!!
– Michael Cook
Daniel and Leo helped me out with my sons claim and got us the best offer possible I would definitely have them on standby for and need in the future
– Swanson Family Gang
Ilawyerup helped me make my lawsuit easy and headache free and got me a nice return as well
– Christopher Athalis
So grateful for the team of lawyers who worked with me for my case. Though things took time , I was made aware of any new updates every step of the way. There was no questions that was too big or small that they were not willing to answer for me in a timely manner. I would 100% recommend this law firm to anyone looking for reliable and trustworthy assistance after a life changing accident. The money I received paid all of my medical bills and I still had funds leftover for me to enjoy.
– Andrea W
Attorney Daniel Wagner and Robbie Rivera were great handling my case. Got all the money I needed and I’m very happy with their services. Very responsive. I highly recommend you use their services for your injury cases. Mine was workmans comp. related
– Brian Enriquez
My second time using them I highly recommend them we did good by me and like I say I’ll use them again if I had to Great law firm thank you
– Joe Fox
It has been my pleasure to deal with a attorney ( Daniel Wagner ) that I can honestly say it has been a pleasure to work with. The crazy part is he was representing the other party. I would not think twice in recommending him. I am sure he will see me in the near future with other real estate transactions
– Shelly Leibowitz
Daniel Wagner’s Law Firm has been exceptional to work with and I definitely recommend using them. His firm went way and beyond to make it happen in the shortest amount of time, closing in just 18 days!! Thanks again for your tremendous service!!
– Priscilla L Gonsalves
Daniel Wagner Law Firm recently helped our family with probate. He made what felt like a difficult process very simple and fast. His extensive knowledge of Florida regulations expedited the process. We are extremely pleased with the services provided and highly recommend Daniel Wagner and his Law Firm. David Wagner
– Myrna Wagner
I would like to thank this wonderful lawyer who helped me in a difficult situation. He was clear, efficient, responsible, fast and always available. Very smart and knows his stuff. I will only refer to him.
– Liudmila latushkina
Mr. Wagner is an exceedingly professional attorney whom I highly recommend. He responds to matters in a very prompt manner, and always ensures the best interests of his clients. It was a pleasure being able to have him represent me.
– Tony Perez
I have done business with Daniel in the past. His law firm/title agency is always on the ball, precise, and experienced. Would highly recommend.
– Oltin Roshi
This lawyer is amazing!!! Highly Recommend !!! Very understanding and took his time to really give his time out with caring and respecting!!! Thank you!!!!!! He is the best
– Lisa Amoyal
I referred Mr. Wagner to a new home buyer. He was very professional and knowledgeable. He was quick to respond to all correspondence from both seller and buyer. I will continue recommending him to all my clients from now on!
– Realtor Molina
I referred a plaintiff-foreclosure case to Mr. Wagner and the client has been quite pleased with the level of service he has provided. He is a aggressive in litigation and has a keen ability to grasp and prosecute complex litigation. I highly recommend him.
– Javier Zayas-Bazan
Daniel is a great attorney and fierce advocate for this clients.
– Brandon Loshak
Quick. Aggressive. Had my case settled in a week. Very seamless. Would recommend to anyone with contract disputes.
– HoodRoc Model
Mr. Daniel Wagner is professional, resourceful and informative.
– Tiffany Gonzalez
Attorney Daniel Wagner has worked with me for the last 5 months to finalize what turned out to be a very tiring refinance process. He was kind, patient and understanding. Although the lender was not the best in assisting us, he always stayed right on top of them and we were able to close just in time. Daniel I cannot thank you enough and I plan to recommend you to all my friends and family.
– Talia Halberor
Daniel Wagner, very responsible, very nice, and very professional
– Berlucci Aruba
This was my first experience ever with a lawyer and I couldn’t be more satisfied with the service Daniel provided. We were able to end my legal predicament quickly, professionally and efficiently and I am very happy with the outcome. Wouldn’t have been able to do it without him!
– Brian Charria
Great experience ! Daniel has reviewed the agreement and then gave me an estimate on how many hours he will need to change it and to make sure that our interests are protected. Every other attorney I have contacted, wanted a payment upfront before he/she even knew what the agreement was about and how long it would take them to work on it. Daniel is very responsive and easy to work with. Thank you so much for your help Daniel ! I am looking forward to working with you in the future.
– Marina Talamini
I went to Daniel Wagner website and pretty soon he gave me a call. I explained to him what my situation was. He carefully listened to me and gave me clear instructions and information that were key in my situation. Even though I decided not to proceed with the claim, all the information Daniel Wagner gave to me on the first consultation was very helpful, we usually don’t know our rights and how system works. On top of that, just by saying his name to the people who were attacking me, made them wake up and try to solve the problem they had caused to me and my family. I do recommend Attorney Daniel Wagner.
– Priscila Coelho
I love working Daniel and his staff was always there when I needed a update
– Kmyania Smith
Robert rivera is great at what he does he is a great lawyer and knows his stuff he worked very hard for me and im happy with service that i got thank u
– Thomas Hicks
– Elisa E.
Great to work with, professional, and offers good counsel
– Scott S.
Very professional law firm that is incredibly responsive with the needs of their clients. I highly recommend.
– Brandon S.
Daniel Wagner handled my foreclosure cases to my entire satisfaction. He was most efficient, knowledgeable and courteous.
I did recommend his services to several acquaintances of mine.
– Michel B.
Very impressed with Mr. Wagner every time that I’ve had to call him for something, he has always answered…very impressive nowadays. Thanks Mr. Wagner
Your expertise and kindness in handling our purchase and sale was invaluable. I won’t hesitate to recommend you to anyone who needs assistance.
My finance’ and I hired Daniel to handle the closing of our first home purchase, and we were more than ecstatic with our choice to retain his services. First, the closing was timely and without any issue. Secondly, we received a credit towards our title insurance premium, which as first time home buyers, saved us much needed cash that we put towards our new furniture. Lastly, his support staff was prompt, helpful and professional. Our calls were always taken and our concerns addressed. We will be using Wagner & Associates for our future legal needs!
Absolutely hands down an amazing TEAM! From the person who answers the phone to the Legal Secretaries and the Lawyers. We had such a difficult case that even the Judge mentioned he doesn’t do Writ of Possession that often. I was impressed with the extensive knowledge and professionalism that Mr. Wagner and Mrs. Melich have as well as their staff. Very efficient and responsiveness was nothing more than excellent. Most importantly, they won the case and we couldn’t be more humbled to have this resolved as this was my Grandparents home.
– Erika J.
I have known Daniel Wagner for many years and ask him to take on specific legal actions for me for the last 2 years. Daniel Wagner is bright, diligent, understanding, compassionate and a lot of other words to express his professionalism. He is great and I will recommend him to anyone in need of legal assistance. He worked with me on Real Estate processes and also on a law suit to recover funds. Daniel Wagner will go the extra mile for a client.
Daniel is proactive, good at explaining the options and ramifications of a situation and very responsive. He has handled a large amount of our foreclosure cases; came up with added language to protecting the Bank and, helped us resolve complicated HOA settlement cases. He has gone above and beyond is duties many times for our firm. I recommend him highly.
I had the opportunity multiple times to be represented by attorney Daniel Wagner and associate Josh Nigyef, I found them to be very thorough and professional. They helped me with my concerns and resolved issues very effectively. I am a Realtor and business owner who highly recommend using them for all your real estates needs.
NEVER ONE ATTORNEY, ALWAYS A TEAM!!!
– Ran A.
Highly recommend, experience was excellent. Daniel is responsive, professional, and resolves matters very quickly. He makes handling a legal matter less painful, and is extremely pleasant! Reasonable rates as well.
– Kathlene Fanshaw
I have to say. This has been one of the best experiences I have had with a law firm. Daniel was super responsive, answered all my concerns. Even followed up with me to make sure all was resolved.
He was referred to me and I was told ” he is the best”. They weren’t kidding. Always good to know you have a good reliable attorney you can reach out to.
Thanks Daniel you have a customer for life with our company.
– J&M Property Management
Mr. Wagner is a true professional. He is passionate about doing the right thing for his clients. Highly recommend this attorney!
– Helena Y. Farber
Thank you Daniel for watching over my closing. It was very reassuring to have some one as dedicated, professional and knowledgeable as you in my corner. I definitely recommend everyone to hire a real estate attorney like Daniel for all their real estate needs.
– Barbara “V.” Vaigauskaite
Daniel Wagner is an amazing attorney! He handled a closing for our home and everything went beyond smoothly! Daniel Wagner is extremely professional and he gets things done quickly and effectively. I highly recommend him!
– Michelle Waserstein
Daniel was great for our closing because he was personally on top of all the details and kept everyone moving along to the closing table. He is a great attorney I would recommend to buyers and sellers.
– Lead Pack Academy
As a Financial Advisor and someone who is in the service industry, working with Daniel for my Estate Planning was a seamless process and very educational along the way. I would highly recommend Daniel for this type or any type of legal work he provides, as he has a way of communicating complex matters in a very simple way.
– Justin Saka
Extremely satisfied with Attorney Daniel Wagner. On every occasion he was easily accessible, efficient and got the job done. He is very much to the point and doesn’t mince words and that’s what I appreciate most when it comes to my legal affairs. If you ask me, best attorney I have dealt with.
– Leanorah Ramsey
Daniel’s was the closing agent chosen by a buyer on a property I was selling for a client. He handled our transaction efficiently. We closed in record time. We went from listed to closed in just over two weeks. His team was professional and they were in communication every step of the way. I will be using his services again.
– Juna Jean
"*" indicates required fields