Gallese
Law Firm
For the People

Stuart Florida Office
772-220-2088 phone
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Q.I have full coverage, why am I not covered?

A.This statement is probably the most painful one that lawyers in our firm have to answer on a day to day basis. Typically, insurance agents will give a potential consumer a quote on whatever type of coverage the consumer asks for. Full coverage can mean a variety of things but, in regards to an automobile negligence case that would entail for purposes of recovering for injuries, PIP or no-fault, medical payment benefits and un/underinsured motorist coverage. The PIP coverage applies whether or not the consumer is at fault or not, the med pay benefits can make up what the PIP does not cover, i.e. 20% of the medicals, 40% of the lost wages, and beyond if extended coverage is there, and the uninsured or underinsured motorist coverage is probably the most important. Underinsured or uninsured motorist coverage allows you to collect from your own company in the event you are injured through the negligence of somebody who has little coverage or no coverage. Typically, we are asked this "full coverage" question in instance where a client of ours has been injured by someone who has no insurance and according their sales agent, our client thought they had "full coverage." It is unfortunate and is something we deal with on a day to day basis.

Q.Will a lawyer require fees up front?

A.Paying for a lawyer in a products liability case is dependent on the merit of the case. Some lawyers will take a case on full contingency, meaning they will only receive money if you win the case and receive a settlement. Some lawyers will still bill you for expenses during the preparation and the trial of the case depending on the merit of the case.

Q.How long will a lawsuit against my insurance company take?

A.The time involved varies greatly from case to case. Very often, the insurance carrier offers to pay the benefits owed shortly after they receive the lawsuit. Other times, they hire an attorney to defend them which usually results in delays as the case proceeds through the litigation process. Generally speaking, a lawsuit of this type can take anywhere from 90 days to several years to resolve. We try whenever possible to obtain a trial date for our clients within 12 months of the date the suit is filed.

Q.How does Gallese Law, P.A. get paid?

A.Our legal fee usually amounts to 40% of the total amount of benefits we recover from your insurance company on your behalf. In most cases, however, we are able to require the insurance company to pay our legal fee in addition to also paying your benefits. If the amount of the court ordered fee equals or exceeds the contingency fee, than you receive all of your benefits without any portion being deducted for legal expenses.

Q.My insurance company keeps asking for more information. Should I give it to them?

A.Virtually all insurance policies contain a "cooperation clause". This means that you must comply with all reasonable requests made by your insurance carrier. This does not mean, however, that you should endlessly continue to forward information to the company. We strongly recommend that you consult with an attorney at the first indication you receive that your claim is not being paid in a timely manner by the company. The initial consultation with our firm is always free.

Q.If I can't find a copy of my insurance policy do I still have a claim?

A.Yes. Although reviewing your policy is a very important part of our evaluation process, we can get a copy of the policy directly from the company if you cannot locate your copy. If you were never provided with a copy of your policy, please let us know as that is relevant in determining what defenses an insurance company may be able to assert in litigation.

Q.Should I continue to pay my insurance premium even after the company has denied my claim?

A.It really depends on the type of policy you have and the reason the carrier has denied your claim. Although it appears unjust to require you to continue to pay premiums to a company who has refused to honor your claim, sometimes it is in your best interest to do so. Our attorneys will review your policy at the initial consultation and advise you as to whether to continue payment of the premiums.
Disclaimer: This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.
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