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Personal Injury FAQs

How much does it cost to hire an attorney to represent me in my personal injury case?

Personal injury and accident cases are handled on a contingency fee basis. This means that if we don’t win your case, you don’t owe our firm any fees or expenses. If we recover a verdict or settlement for you, our firm charges a percentage of the verdict or settlement and any costs we have paid relating to your case.

How much is my personal injury case worth?

That depends on many factors, and every personal injury case is different. Some of the factors that affect the value of your case include:

  • The amount of your medical bills
  • The amount of your lost wages
  • The extent and duration of your medical treatment
  •  Your doctor’s final diagnosis once you have finished your medical treatment
  • Whether liability (fault) is contested or admitted by the other party

Sometimes injuries that appear to be very severe can heal completely. Other times, injuries may appear to be “minor” and the injured person assumes they will get better, but it turns out the injuries are much more serious than anyone anticipated.

How long will my personal injury case take?

That depends on many factors, such as the extent of your medical treatment and your body’s ability to heal. Cases can take several months or years to either settle or go to trial. It is important to wait to settle your case until you know the full extent of your injuries, your medical prognosis, the amount of your medical bills, and the amount of medical treatment your doctor thinks you will need in the future, and whether you have any permanent physical restrictions as a result of your injury.

I was injured in a motor vehicle accident. Who pays my medical bills?

Most people are surprised to learn that in Florida, everyone’s own automobile insurance company is the primary insurance company for their own medical bills, no matter who caused the accident. This type of insurance coverage is called “Personal Injury Protection” and is also known as “PIP” or “No-Fault” insurance.  Motor vehicles registered in Florida are required to have Personal Injury Protection insurance in the amount of $10,000 per person, which covers the owner of the car and their family for 80% of medical bills and 60% of lost wages.  The portion of the medical bills and lost wages that are not covered by the injured person’s Personal Injury Protection insurance becomes a component in their claim against the person who caused the accident, but the at-fault party’s insurance company will not usually pay the doctors and hospitals directly.


Social Security & VA Disability FAQs

How long will my Social Security Disability Claim take?

The Social Security process can take a long time. It typically takes from 18 to 24 months from the initial application and appeal to a hearing before an Administrative Law Judge.  You’ll want to apply as soon as possible and file the appeals as soon as possible but the final hearing before the Administrative Law Judge depends largely on his or her overburdened schedule.

If I win my Social Security Disability claim, how much money benefits will I receive?

The amount of your monthly Social Security Disability Insurance benefit depends on how long you’ve been disabled and how much you have paid into Social Security over your working life.  The monthly Supplemental Security Income benefits are $733.00 for an individual and $1,100.00 for a couple.

The average monthly benefit for disabled men is just over $1,200.00 and the average monthly benefit for disabled women is just over $1,000.00.

Part of your disability award will include back pay or all the money you should have been receiving while you were going through the claims process beginning the date it is determined that you became disabled or the date of your initial application, depending on the type of benefit for which you have applied.

Can spouses of disabled veterans receive any benefits?

Spouses of disabled veterans who were injured during service may be eligible for extra disability benefits, including payments, health care, education, and burial benefits.

If a veteran is deemed to be 30% or more disabled and has a spouse and/or dependent children, the monthly disability payment is higher.

Surviving spouses of deceased veterans may be entitled to monthly disability benefits called Dependency and Indemnity Compensation (DIC).  A surviving military spouse, dependent children, and in some cases a dependent parent, may be eligible for DIC.

Can I work and apply for Social Security Disability?

If you are working part-time and not earning much money, you won’t necessarily be denied Social Security benefits.  If, however, you are working full-time or doing substantial gainful activity, you won’t be eligible for disability benefits.

Generally substantial gainful activity is work in which you earn more than a certain amount per month.  In 2015 the amount is $1,090.00 for disabled applicants and $1,820.00 for blind applicants.  Substantial gainful activity does not include income from sources such as investments, interest, or gifts.

Can I receive both Veteran’s Disability and Social Security benefits?

A veteran can receive both VA service-connected disability benefits and Social Security Disability insurance (SSDI) at the same time.  However, VA pensions and Social Security Supplemental Security Income (SSI) are need-based and subject to offset.  Accordingly, receiving Social Security Disability benefits (SSDI) can reduce or disqualify you from receiving monthly VA pension payments. Likewise, receiving VA disability benefits can reduce or disqualify you from receiving SSI benefits from Social Security.

Is there a deadline to apply for VA Disability Benefits?

There is no deadline for filing for your initial claim for VA Disability Benefits.  However, the sooner you apply after you are disabled, the better, since the process can take months or years.  Also, the benefits are back-dated to the date of your initial application, for which you will receive a lump-sum payment.  However, please be aware there is a deadline for filing an appeal of your denied benefits, so it is important to act quickly once your claim is denied.

Can spouses of disabled veterans receive any benefits?

There is no deadline for filing for your initial claim for VA Disability Benefits.  However, the sooner you apply after you are disabled, the better, since the process can take months or years.  Also, the benefits are back-dated to the date of your initial application, for which you will receive a lump-sum payment.  However, please be aware there is a deadline for filing an appeal of your denied benefits, so it is important to act quickly once your claim is denied.

Contact Us Today

If you or a loved one has been hurt, call Powell, Powell & Powell at 850-682-2757 as soon as possible to schedule a free consultation. The attorneys at our Fort Walton firm have decades of collective experience and can handle virtually any personal injury case. Find out how we can help you.