Polk County Personal Injury and Motor Vehicle Accident Attorneys.
We Got This!

Will your lawyer meet you face-to-face?

We believe the first step is meeting personally with your lawyer. Unfortunately, with some law firms, you may only talk to “case managers.” Under Florida law, a person can call themselves a “case manager” without any training or license.  While secretaries are important, do you want a secretary handling your questions or a lawyer?  At Howell & Thornhill, P.A., the lawyers work to meet our clients face to face. We think that when you go to a doctor, you want to meet with the doctor, not just the nurse.  When you hire a lawyer, we think you should meet with the lawyer, not just a secretary.  The most important part of working for our clients is making sure we answer their questions. Our personal injury lawyers see ourselves as employees of our clients.  We meet our clients at our office, their home, the hospital, or on Zoom.

After answering questions, our next job is to fight for your reimbursement. Calls from medical bill collection agencies are aggravating. Trying to scrape by without wages is hard. Dealing with constant pain can rip a family apart. We believe our job is to fight the insurance companies to reimburse all of these losses. If you have questions, then please call Howell & Thornhill, P.A., for a free phone call. Usually, you will speak directly with a lawyer on your first call.

When you call the lawyer, do you talk to a lawyer or a “call center?”

Some law firms have a “call center” to take calls from potential clients about personal injury claims.  In our opinion, this is the first indication that you may not be meeting with a lawyer face to face.  A lawyer should take your call.  They are licensed to give you legal advice.  Call Howell & Thornhill, P.A., to talk to a lawyer.

Does the lawyer only handle personal injury and wrongful death claims?

Florida does not require lawyers to stick to just one type of law.  Some lawyers handle criminal charges, divorces, wills, and personal injury.  The expression Jack of all trades, master of none comes to mind.  Research the lawyer on whether they try to handle more than personal injury.  Would you go to a doctor that does dental work and heart surgery?  Doctors don’t try to handle every part of the body.  Should a lawyer handle every type of legal case?

Is the lawyer local?

Howell & Thornhill, P.A., urges you to think about whether your lawyer is part of your community.  If they are based in Tampa or Orlando, and you live in Lakeland or Winter Haven, are you really going to see them face to face?  Local matters if you want to easily meet with their lawyer.  A local lawyer should also know your doctor, the body shop reputation, and best therapist.  Will a lawyer in Orlando or Tampa know them?  Perhaps most importantly, does your lawyer regularly practice in the local courthouse?  Do they have a past history of cases with the Judge in your case?  Howell & Thornhill, P.A., thinks local matters.  Do you?

Is the lawyer board certified?

At Howell & Thornhill, we are proud to announce that we have a team of Trial Lawyers who are Certified as Experts in Civil Trial Law by the Florida Bar.

Certification is the highest level of evaluation by The Florida Bar of competency and experience within an area of law, and professionalism and ethics in practice. Less than 2% of all Florida Lawyers are Certified in Civil Trial Law.  Board certification requires a high number of trials, evaluation by other lawyers for skill and ethics, and achievement on a specialized test.  A board certified lawyer is constantly evaluated for skill, professionalism, and good ethical behavior.  Call Howell & Thornhill, P.A., to talk to our board certified lawyers in civil trial law by the Florida Bar, Robert “Tri” Thornhill or Sherri Scarborough.

I was just in a fender bender, what should I do?

• First, move your vehicle to a safe location.
• Check and make sure if anyone needs medical attention.
• Call 911 and report the crash to the police.
• Exchange insurance information, especially the insurance company name and policy number, and driver and owner names while waiting for 911 responders.
• Take photos of all cars involved.
• Ask witnesses for their names and numbers.
• Report the crash to your insurance company even for a fender bender.
• Remember, you might feel fine at the scene, but pain symptoms can appear later so seek medical care for yourself and your passengers as soon as possible.  You only have 14 days to see a doctor to preserve your right to have your insurance pay bills.
• Call us so we can go over your rights with you. The call is free.

I reported the claim for my car, and didn’t think I was hurt, but now I am, what should I do?

Call your insurance company and ask for a claim number or call us and we will call for you.  Remember, you only have 14 days to see a medical provider to keep your rights to personal injury protection, which will pay up to $10,000 of your medical bills.  Do not delay, seek medical care.  We teach our children to avoid seeing the doctor.  However, because of the insurance company rules, you do not have time to wait 30 days for your symptoms to go away.

The bad driver’s insurance company tells me that the bad driver has no coverage for my injuries, what does that mean?

It means that they may have purchased only property damage to fix or total your car, and to provide medical care for the people in their vehicle but if you call us, we can go over the different types of insurance and help you through the insurance questions.  The coverage that pays for medical bills of another person is bodily injury liability coverage.  Demand that the insurer for the driver at fault give you a certified copy of the declaration page for the other driver to ensure they do not have this coverage.

When the crash happened, I was in a friend’s car, and I don’t have a car, how are my medical bills paid?

Personal injury protection coverage can cover up to $10,000 in medical bills.  If you have personal automobile insurance, your coverage will apply without raising your rates if you did not cause the crash.  If you do not have car insurance, then the insurance of your relative with whom you live applies.  If you do not live with a relative with car insurance, then the insurance of the vehicle in which you were a passenger applies.  Many of our clients are upset that their insurance, their family’s insurance, or the owner’s insurance would apply.  We agree.  This concept of “personal injury protection” was implemented by the insurance industry.  It basically, in our opinion, is a mandatory health insurance that every driver in Florida must purchase.  Hopefully, this law will change soon.  However, we as Floridians must follow it until it is changed.

I was hurt in a crash, and my primary doctor won’t see me, what should I do?

Many doctors will see you under your personal injury protection insurance, and you don’t have to pay co-pays or deductibles.  However, many don’t treat for car crashes even if you have health insurance. Ask your friends and neighbors for the name of a reputable doctor that will treat a car accident injury.  You may need a lawyer to help you find a reputable doctor.

I have had previous injuries or trauma, but having been in an accident, I feel worse, what should I do?

The driver at fault is responsible if they “kicked the sleeping dog” and made your injuries worse.  Just because you are not 10 years old with perfect health, Florida law does not let them escape responsibility.

Do I have to file a claim with my own insurance company?

You have to tell your insurance company you were involved in a car crash. They may tell you not to open a claim, but if you are hurt you have to use your personal injury protection insurance with your insurance company.

I was hurt by a drunk driver but they have no insurance, what can I do?

Depending on the facts of what happened, you may have a claim for uninsured motorist coverage or against the bar or event that provided alcohol, (called a dram shop claim).

A semi-truck has hit me, what should I do?

• First, move your vehicle to a safe location.
• Check and make sure if anyone needs medical attention.
• Call 911 and report the crash.
• Exchange insurance company name and policy number as well as the names of the owner, driver, and commercial carrier while waiting for 911 responders.
• Call 911 and report the crash.
• Take photos of your car and the semi.
• Ask witnesses for their names and numbers.
• Report the crash to your insurance company.
• Remember, you might feel fine at the scene, but pain symptoms can appear later so seek medical care for yourself and your passengers as soon as possible.  Remember you only have 14 days to see a medical provider to keep your right to personal injury protection coverage which pays $10,000 for medical care.
• The insurance companies for semi-trucks will often ignore your call about your calls about injuries, and about your vehicle, so call us, so we can go over your rights with you if they will keep ignoring you.  The call to us is free.

I was in an Uber/Lyft and it was in an accident, what can I do?

If you were a passenger in a ride share, take pictures, call 9-1-1, insist on the police being called, seek medical attention if you are hurt.  Keep all receipts or take screen shots to prove you were in an active ride share at the time of the crash.

I just moved to Florida. What kind of insurance should I have?

Welcome to Florida! First of all, Florida has the highest percentage of uninsured motorists. This means that you could be hurt by someone without bodily injury coverage. This will result in having high unpaid bills from your hospital visit. Talk to your insurance agent about bodily injury coverage and why you should purchase uninsured motorist coverage.

Who Pays for Car Damage in a Car Accident?

Often, the clients of Howell & Thornhill, P.A., have questions about the damage to their vehicles in motor vehicle crashes in Florida. Below are some of the questions we have heard from our clients in the past. For a complete explanation of your rights, please consult a lawyer with Howell & Thornhill, P.A., as each situation is different.

Does the person at fault have insurance coverage for my vehicle?

When the other driver causes the crash, the other driver’s insurance is responsible for the damage to your vehicle. In Florida, every insured driver is required to carry, at the minimum, $10,000.00 property damage insurance.

The requirement to carry a minimum of $10,000.00 of property damage coverage is
outlined in Florida Statute Section 324.022 which states “every owner or operator of a motor vehicle required to be registered in this state shall establish and maintain the
ability to respond in damages for liability on account of accident arising out of the use of the motor vehicle in the amount of $10,000.00 because of damage to, or destruction of, property of others in any one crash. “

Why does the insurance company refuse to talk to me about my car until they talk to their driver?

Insurance companies often stall until they have a complete copy of the crash report or until they talk to their owner and or driver who they have insured to verify how the crash happened. They may often refuse to deal with the damage to your motor vehicle because they question whether the driver who they insure caused the crash or they merely want to sit on their money to make interest.

In either event, our firm, Howell & Thornhill, can order a copy of the crash report to speed up the process.

Sometimes, it is better if you try to go through your own insurance company to get your car fixed or totaled.

This is a difficult choice to make because the crash was not your fault, but it might be the best solution to get your vehicle fixed or totaled faster.

Your insurance company, without legally raising your rates, can pay for the damage to your vehicle if you purchased collision insurance. You can check your insurance policy to see if you have purchased collision insurance.

The drawback to using your collision insurance is you may have a deductible. This
deductible can be reimbursed to you by your insurance company after the insurance
company for the at-fault driver accepts liability for causing damage to your vehicle.

Do I have to give a statement to the other driver’s insurance company on how the crash happened to have them deal with me on the damage to my vehicle?

Often, insurance companies try to force you into a statement about how the crash
happened by stating they will not talk to you about fixing or totaling out the vehicle until they have a statement. Howell & Thornhill, P.A., believes that this is a trick to have you give a statement without knowing your rights that they will later use to justify paying little or nothing for the damage to your vehicle. Our firm suggests you consult a lawyer before giving any statements to determine whether they are actually necessary and helpful.

Does the other driver’s insurance have a duty to pay anything other than the damage to my car?

Insist that the other driver’s insurance pay for towing and storage of your vehicle. Also, they have a duty to pay for rental vehicle while the vehicle is being repaired. If you do not rent a vehicle, insist on loss of use of $20.00 a day while your vehicle is being repaired.

A motorcycle crash can be scary. Make sure the officer gives you a driver’s exchange so you have the insurance company and policy number for the driver who hit you. Take pictures of the scene and vehicles as well as your damaged clothing to prove out the accident happened.

I was just in a motorcycle accident, what should I do?

• First, move your vehicle to a safe location.
• Check and make sure if anyone needs medical attention.
• Call 911 and report the crash.
• Exchange insurance information and names while waiting for 911 responders.
• Take photos of all cars, your motorcycle, debris in the road, damage to your clothing or helmet, and all skid marks.
• Ask witnesses for their names and numbers.
• Ask the police officer for a driver’s exchange information or at least the name and policy number of the insurance for the driver at fault.  If you do not obtain it at the scene, sometimes crash reports can take up to three weeks to obtain and this information is crucial to repair your motorcycle.
• Report the crash to your insurance company if you have any on your motorcycle.
• Remember, you might feel fine at the scene, but pain symptoms can appear later so seek medical care for yourself and your passengers as soon as possible.  You only have 14 days to see a doctor to preserve your right to have your insurance pay bills.
• Call us so we can go over your rights with you. The call is free.

How do I pay for my medical care?

Unfortunately, most insurers do not provide personal injury protection benefits for motorcycles.  So, you probably do not have the $10,000 in benefits to cover high expenses like CT scans at an emergency room which is necessary to rule out a head injury or fractures.  If you have health insurance, give that information to the hospital and all bill collectors.  Health insurance often does not cover 100% of the charges.  So, it is very important to immediately obtain the driver’s exchange to know the insurer for the driver who caused the crash.  The insurance company and policy number should be on the driver’s exchange.  If you leave the scene without this information, and the officer does not finish the report for weeks, it will be stressful while you wait to find out if your medical care is covered.  Our firm can sometimes obtain the crash report on-line once we represent you.  Call if you are unable to obtain the crash report.

Are helmets required on motorcycles?

We also strongly urge you to they wear a helmet.  Many drivers are carless and ignore motorcycles.  A crash without a helmet can be catastrophic.  Our law firm rarely sees a motorcycle rider cause a crash.  However, motorcycle riders are uniquely vulnerable to the mistakes of others.  In a 2019 study by the University of North Florida, states with universal, mandated helmet laws (where everyone is required to wear a helmet), those states have lower incidents of traumatic brain injuries.

In 2000, Florida made changes to the helmet law due to the number of fatalities and Florida now mandates in some circumstances helmet use and insurance requirements for operators of mopeds and motorcycles.  Florida Statute Section 316.211 provides that a person under 16 years of age my not operate or ride on a moped unless the person is wearing a helmet.  If your child is over the age of 16, and operating a moped that has 50 cc or less and 2 brake horsepower, your child does not require a helmet to operate a moped, but in our expert opinion, your child should wear a helmet.

Should I replace my helmet after a crash?

Many manufacturers suggest that you replace a helmet after a crash  The property damage insurance coverage for the driver who caused the crash has a duty to pay for the cost of a new helmet.  You also want to submit receipts for the damage to your jacket or clothing.

What type of insurance should I purchase if I have a motorcycle?

Most insurance companies will not sell personal injury protection, which pays up to $10,000.00 in medical bills, for motorcycles.  Therefore, it is crucial to determine if the other driver who caused the crash has bodily injury liability coverage.  Otherwise, there may not be insurance to pay the expensive hospital and doctor bills from a motorcycle crash.  Our firm has an investigator to help determine if the driver at fault has insurance coverage.

If I don’t carry any insurance on the motorcycle is that wrong?

Often, insurers refuse to issue any type of insurance to cover a motorcycle.  If you can, you may wish to purchase medical payments overage and underinsured motorist coverage.  This will help protect you if an irresponsible driver injures you and has no insurance coverage.