Personal Injury and Wrongful Death

Each year, millions of Americans are involved in auto accidents. While many accidents are considered minor, others cause serious injuries or even death. If you or a loved one has been injured in a car accident, you may be entitled to compensation. Personal injury attorney Jerry Wells can help.

Have you been injured in an auto accident?

Jerry B. Wells, Attorney and Counselor at Law represents individuals injured in vehicular accidents such as:

These accidents can result in serious injuries, including:

Florida car accident law

If you have been involved in a car wreck, you need an experienced attorney. Jerry Wells has represented clients in personal injury cases for 38 years. He understands the nuances of Florida auto accident law and fights hard to recover the damages you are entitled to.

After an auto accident
If you have been involved in a car crash, your eventual recovery of damages requires that the other driver be determined to be at fault for the accident. Florida has what is known as comparative negligence, so that you can be partially at fault and still recover damages that are reduced based on your percentage of fault.

Your recovery of damages also requires that you have a permanent injury. Your permanent injury is generally determined by an orthopedic doctor or a neurologist through what is known as an "injury rating." Ratings are determined by testing according to the American Medical Association's "Guide to the Evaluation of Impairment Ratings."

If you have a permanent injury, a loss of bodily function, or significant scarring, you are generally entitled to damages consisting of:

• Past medical bills
• Future medical bills
• Past pain and suffering
• Future pain and suffering
• Loss of the capacity for the enjoyment of life
• Loss of earnings
• Loss of ability to earn money in the future

The spouse of an injured person has a claim for loss of the injured spouse's services, comfort, society and attentions. These damages will be reduced to present value by the jury. 

Defenses
The defense attorney will point out at trial any prior bills paid by PIP or other sources. These sums will be subtracted from your recovery. Your opponent, the at-fault driver, will plead any defenses he can use to reduce your result. For example, your comparative negligence, if proven, will reduce your recovery. Failure to wear your seatbelt will reduce your recovery.

This is a very general and superficial overview of the process.

Settlement
Most good cases are settled before going to trial. A good case for the plaintiff consists mainly of three elements:

• Clear liability: This basically means the fault for the accident obviously rests with your opponent.
• The plaintiff has serious injuries easily explained by the treating physician and not subject to debate.
• Coverage: This means that the at fault driver has sufficient insurance to adequately compensate you for your injuries and other losses.

When all of these factors can be illustrated to the at-fault driver's insurance company, Jerry Wells can then obtain a very favorable settlement for clients. Attorney fees for these cases are almost always handled on a contingency fee basis. The usual rate is 33 and one third percent if the case is settled before suit is filed, or 40 percent in the event suit must be filed. The usual statement made concerning attorney's fees is "no recovery, no fee."

Contact Jerry B. Wells today

In legal matters, there is no substitute for knowledge and experience. Contact Jerry B. Wells, Attorney and Counselor at Law for quality legal representation.