Your Rights!
FAQs
After a severe accident, a wrongful death, or a denied life insurance claim, you likely have more questions than answers. The Law Offices of Jason Turchin has handled over 6,500 claims nationwide. To help you understand your legal rights, we have compiled answers to the most common questions our clients ask.
Table of Contents
- Hiring a Lawyer & Legal Fees
- Dealing With Insurance Companies
- The Lawsuit & Settlement Process
- Specific Claims (Cruise Ships, Defective Products, Life Insurance)
Hiring a Lawyer & Legal Fees
At our firm, it costs you nothing out of pocket to hire us. We represent clients strictly on a contingency fee basis. This means our legal fees are paid as a percentage of the final settlement or verdict award. If we do not successfully recover money for you, we waive all costs and attorney’s fees. You assume zero financial risk to pursue your claim.
Your physical recovery is a priority. We offer comprehensive virtual representation using secure video conferencing and electronic signatures. Additionally, our investigators and attorneys can travel directly to your home, hospital room, or rehabilitation center anywhere in South Florida. You do not need transportation to secure legal representation.
Dealing With Insurance Companies
No. You should never give a recorded statement or sign any documents provided by an opposing insurance adjuster before consulting an injury attorney. Insurance companies may prioritize their own profits and frequently use early phone calls to lock you into statements that minimize your injuries. Once you retain our firm, all communication routes through us, protecting your rights and hopefully your claim’s value.
Accepting a fast settlement check almost always requires signing a “Release of Liability,” which often legally blocks you from ever seeking additional money for that accident. Initial offers may not account for future medical surgeries, long-term physical therapy, or permanent lost earning capacity. You should have a lawyer evaluate the true long-term value of your injuries before cashing a check.
The Lawsuit & Settlement Process
Generally, no. The vast majority of personal injury and wrongful death cases are resolved through amicable, out-of-court settlements. We meticulously prepare every case as if it is going to trial, in the event the insurance company fails to offer a fair settlement at the negotiation table or during mediation. If they refuse to negotiate in good faith, our trial lawyers will not hesitate to file a lawsuit and present your case to a jury if appropriate.
The time it takes to settle an accident case depends on many factors, including how long the injured person treats, how clear liability is, whether the Defendant accepts responsibility, if a lawsuit is filed, and several other factors. An experienced personal injury lawyer can give you an idea based on your specific case.
Specific Claims (Cruise Ships, Defective Products, Life Insurance)
Unlike standard state laws, maritime law allows cruise lines to severely restrict your filing deadlines. For major lines like Carnival and Royal Caribbean, your passenger ticket contract typically mandates that you must provide formal written notice of your claim within 6 months, and officially file your lawsuit in Miami Federal Court within exactly one year of the incident.
Under strict product liability laws, you can hold the manufacturer, distributor, and sometimes the retailer responsible if a defective appliance causes you harm. Our firm has handled numerous national cases involving pressure cookers (like Tristar, Crockpot, and Ninja) that suffered from defective lid locks and faulty pressure release valves.
A life insurance interpleader occurs when an insurance company admits a death benefit is owed, but multiple parties (such as a former spouse and a current spouse) claim they are the rightful beneficiary. The insurer deposits the funds into the court registry and asks a federal or state judge to determine who gets the money. Our life insurance attorneys actively litigate these complex beneficiary disputes across Florida and nationwide.
The Florida Keys & Coastal Accidents
Moped and motorized scooter accidents are incredibly common along US-1 and throughout Monroe County. Because mopeds do not offer the structural protection of a car, injuries are often severe. Florida law requires certain moped drivers to be licensed, but do not assume your standard auto insurance policy will automatically cover a scooter crash. Our Key West injury attorneys can help you step outside the no-fault system to pursue the at-fault driver’s bodily injury coverage for your medical bills and trauma.
You may. Accidents on the water are often governed by a complex mix of Florida state laws and federal maritime laws. Whether you were injured due to a drunk boater (BUI), a careless personal watercraft (PWC) operator, or a defective boat propeller, our maritime injury lawyers know how to navigate FWC (Florida Fish and Wildlife) accident reports and secure the necessary evidence to prove liability.
Hit-and-Runs & Uninsured Drivers
Yes, provided you carry Uninsured Motorist (UM) coverage on your auto policy or live with a relative who does. Under Florida law, a hit-and-run driver (or a “phantom vehicle” that causes a crash without making physical contact) is typically treated the same as an uninsured driver. Your own insurance company steps into the shoes of the at-fault driver to pay for your pain, suffering, and medical bills that exceed your PIP coverage.
When you file an Uninsured Motorist claim, your insurance company legally becomes your opponent. They will often defend the claim just as aggressively as the at-fault driver would, aiming to pay you as little as possible. We can aggressively litigate UM/UIM claims (which typically operate as breach of contract lawsuits with a 5-year statute of limitations) to hopefully force your insurer to honor the policy you paid for.
Complex Legal Questions: Medical Liens & Dram Shop Law
A medical lien is a legal agreement allowing a doctor or hospital to treat your injuries immediately without upfront payment, in exchange for the right to be paid out of your final settlement. Sometimes this is called a Letter of Protection. Health insurance companies and government agencies (like Medicare) can also place subrogation liens on your settlement. Our attorneys can sometimes try to negotiate these liens down before the settlement is finalized, in the hope of maximizing the amount of money that actually goes into your pocket.
Florida’s “Dram Shop Law” (Florida Statute §768.125) is notoriously strict, but lawsuits against bars and restaurants are possible in two specific scenarios. You can hold an establishment liable for a drunk driving crash if they willingly and unlawfully served alcohol to a minor (under 21), or if they knowingly served alcohol to a person who is “habitually addicted” to alcohol. Our investigative team can try to secure bar tabs, surveillance footage, and witness testimony to prove the establishment’s liability.











