25% CONTINGENCY FEES IN ALL CASES

Our fees are reduced from the customary 33-40% charged by most personal injury attorneys.

Personal Injury Fees

NO RECOVERY – NO FEES OR COSTS

We advance all costs to prosecute your claim. You owe us nothing if we don’t get recovery for you.

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overview

ATV/ROV Accidents

In Florida, all ATVs, two-rider ATVs, or ROVs  are off-highway vehicles because they are to be used off the roads or highways and their use and operation is regulated by Florida’s off-highway vehicle laws and rules.

Florida defines an ATV as any motorized off-highway and all-retain vehicle 55 inches or less in width which has a dry weight of 1,500 pounds or less, is designed to travel on three or more nonhighway tires, and is manufactured for recreational use by one or more persons. An all-terrain vehicle also includes a “two-rider ATV,” which is an ATV specifically designed by the manufacturer to carry a passenger.

In Florida, generally, the operation of an ATV upon the public roads or streets is prohibited, except that an ATV may be operated during the daytime on an unpaved roadway where the posted speed limit is less than 35 miles per hour.

Florida defines an ROV as any motorized recreational off-highway vehicle 80 inches or less in width which has a dry weight of 2,500 pounds or less, is designed to travel on four or more nonhighway tires, and is manufactured for recreational use by one or more persons. An ROV does not include a golf cart or a low-speed vehicle (a low-speed vehicle is any four-wheeled vehicle whose top speed is greater than 20 miles per hour but not greater than 25 miles per hour.)

Only a licensed driver or a minor who is under the direct supervision of a licensed driver may operate ATV or ROV in Florida, as well as persons under 16 years of age must wear a safety helmet meeting United States Department of Transportation standards, eye protection (goggles), and over-the-ankle boots in order to operate, ride, or propel on an all-terrain vehicle and must have in his or her possession a certificate evidencing the satisfactory completion of an approved off-highway vehicle safety course in this state or another jurisdiction. A nonresident who has not attained 16 years of age and who is in Florida temporarily for a period not to exceed 30 days is exempt from this requirement.

If you have been involved in an ATV and ROV accident that you believe is the fault of another person, do not hesitate to contact us for a free non-obligation consultation. (386) 248-3000.

key factors

ATV/ROV Accidents

The amount of settlement in an ATV/ROV accident turns on the following four factors:

Insurance Coverage

A personal injury demand for settlement is made against the at-fault driver’s bodily injury coverage (BI), or if there is no BI coverage or the BI coverage is inadequate, against the claimant’s uninsured motorist coverage (UM). If there is no BI and no UM coverage, the claimant may not be able to recover for his/her damages. See Florida Auto Insurance Overview.

In Florida, you are not required to carry bodily injury or property damage insurance on off-highway vehicles. For that reason, many riders choose not to purchase a separate policy to protect themselves and others while riding an ATV or ROV.

However, if you were injured in an ATV accident as a result of another person’s fault, your uninsured/underinsured motorist coverage on your automobile insurance policy or the at-fault party’s homeowner’s insurance policy may provide insurance coverage for your injuries.

Liability

The other driver must be at fault, or at least more than 50% at fault, for the claimant to seek compensation. Under Florida’s modified comparative negligence standard, any party found to be greater than 50 percent at fault for his/her own damages may not recover any damages. In comparative liability cases, the partially-at-fault party’s damages are limited by the percentage of his/her own fault. See Can I make a personal injury claim if I am partially at fault?

Most of the ATVs and ROVs accidents happen because of negligence or recklessness of the driver or another person, such as carrying more passengers than an ATV or ROV is specifically designed by the manufacturer to carry, operating an off-highway vehicle while under the influence of alcohol or a controlled substance that impairs vision or motor condition, operating an off-highway vehicle without wearing eye protection, over-the-ankle boots, or a safety helmet, operating an ATV or ROV in a careless or reckless manner, etc.

Causation

The injured person must prove that but for the accident, the injuries would not have happened.

ATV/ROV vehicles typically roll over accidents when drivers and passengers can be thrown from the vehicle. So, these type of accidents often result in serious injuries or death, and causation may not be an issue.

In minor accidents, it may be more difficult to establish causation of injuries, especially when at issue is an aggravation of a pre-existing medical condition. Also, in cases with pre-existing medical conditions, the claimant can only recover for the extent of the aggravation of the prior injury, not the entire condition.

Damages

Although off-highway vehicles are fun to ride, the ATV and ROV accidents are extremely dangerous and frequently result in serious injuries and death.

A substantial portion of a personal injury settlement comes from damages for pain and suffering. In fact, the greater the pain and suffering damages, the higher the claimant’s net settlement proceeds will be. Net settlement proceeds is the amount the claimant walk away with after payment of attorney fees and costs and medical expenses. To be entitled to pain and suffering damages, the claimant must prove that his/her injuries are permanent. See What damages can you recover in a personal injury case?

How can we help

What Makes Us Different

In personal injury cases, paying more in attorney fees will not result in more money to the client. Attorneys take a percentage of gross settlement for fees and costs. Then, after paying outstanding medical bills, what’s left is the client’s net settlement proceeds. So, the less you pay in attorney fees, the more money you end up with in your pocket.

The goal of the insurance companies is to pay as little as possible. Personal injury attorneys have no “secret sauce” to make an insurance company pay more than the value of the case. Because personal injury cases are evidence-based, it for the most part, all comes down to proper and thorough documentation of liability, causation and damages.

However, personal injury attorneys are not alike. Some attorneys are passive and take a lackadaisical approach in their cases. They will not go an extra mile for their client. Once they sign up a client, they are entitled to their 33%, even when a “settles itself,” such as in cases with clear liability, great causation and damages. Some attorneys are there only for a client sign up. Once they sign up the client, their active involvement in the case for the most part is done and the handling of the case is passed onto to secretaries and paralegals.

Having started my career as a receptionist, moving up to a paralegal and ultimately becoming a lawyer, I’ve worked with and/or supervised at least a dozen of secretaries/paralegals over the past 17 years, and let me tell you – they can be a mess! My most stressful days usually involved dealing with poor work ethnics and/or utter incompetence of the secretaries. Very often I ended up doing their work, which was sometimes easier and quicker. I’ve also had the pleasure working with excellent paralegals. However, those are hard to find since attorneys hold on to them with iron claws.

I take a proactive approach in personal injury cases and I work all cases to their maximum potential using all available tools to thoroughly document and build up a case. I work with clients hand-in-hand and walk them through every step of the process. I guide them through the claim process to obtain both maximum medical and monetary recovery.

We focus on maximizing the value of each case.

We are a small personal injury firm focusing on quality over quantity. We are able to give personalized and maximum attention to each client and each case. Unlike some firms, we are not all about “high volume” and “quick turnover” to make profit or meet a quota. Our goal is to maximize the value of each case and to maximize our clients’ net recovery.

We spend the necessary time building your case, to document your injuries and to engage in back and forth negotiations with the insurance company for as long as it is necessary to fully compensate you for your damages. We will exhaust all available resources and remedies to secure a fair settlement before we recommend to file suit. Litigation is lengthy, expensive, stressful, and does not always result in a higher settlement or higher net settlement proceeds to a client.

We offer reduced contingency fees of 25% to maximize our clients’ net settlement proceeds.

We have reduced our contingency attorney fees to 25% in all cases. This enables our clients to retain more money from their settlement and helps avoid situations where the attorney gets paid more than the injured client.

In Florida, personal injury cases are handled on a contingency basis, which means that attorneys get a percentage of the client’s settlement. In most cases, personal injury attorneys take 33-40% of the gross settlement amount or a court award. Very often, this results in a client walking away with less than the attorney. For example, if a case settles pre-suit for policy limits of $10,000, a personal injury attorney will take a contractual 33% from the settlement amount, or $3,333.33, and any costs the attorney advanced. After payment of outstanding medical bills from the remainder the settlement funds, there is often less than $3,333.00 left for the client as their net settlement proceeds. So, the client may get less than what the attorney was paid.

We are able to reduce our contingency fees from 33-40% to 25% in all cases because we have low overhead expenses and because we focus on maximizing the value of each case, rather than achieving a quick settlement. After all, the higher the settlement, the higher the attorney fee, even at a reduced 25% rate, and the client is fairly compensated. And as a saying goes, “A happy client is a return client.”

Our clients focus on treatment. We do heavy lifting.

Accidents can completely overwhelm and disrupt your life. We take the burden off our clients’ shoulders by handling all aspects of their personal injury claim so that they can focus on treatment and medical recovery. We handle our clients’ property damage claim to ensure that they receive fair replacement value for their vehicle while maintaining transportation. We ensure that the ongoing wage loss, out-of-pocket medical and travel expenses are promptly submitted against any available insurance benefits. We build all personal injury cases from the ground up by gathering the necessary evidence to meet the burden of proof to be entitled to compensation.

We handle most types of personal injury cases- car accidents, motorcycle accident, trucking accidents, bicycle accidents, ATV accidents, pedestrian accidents, slip and fall, premises liability, dog bites, etc. In all types of personal injury cases, the insurance company’s goal is to pay you as little as possible. Having an experienced attorney representing you in your injury claim can help you recover the maximum value of your claim because the attorney can protect you against the insurance company’s bad faith claim processing and settlement, and build and strengthen your injury claim through the required evidence.

From the onset of representation, we promptly investigate the case to establish liability and all sources of available insurance coverage. We gather medical documentation about our clients’ injuries, causation, and damages and secure any necessary experts to support the damages. Finally, we gather any other supporting documentation to substantiate the demand for settlement.

Call us now for a free non-obligation consultation. 386-248-3000.

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