Frequently Asked Questions

Generally, you have two years to file a lawsuit after an accident, but don’t wait until the last minute to contact a lawyer. If your accident occurred before March 24, 2023, you have four years to file a lawsuit. Time is critical—contact Rico as soon as possible to protect your rights, preserve evidence, and avoid complications from missed deadlines.

First, call 911 and make sure to file a police report. If you can, take photos of the scene and gather contact information from witnesses. Seek medical attention immediately, even if you feel fine at the time—adrenaline can mask pain, and injuries often show up later. Tell the medical professionals exactly what happened and what hurts, and don’t hesitate to get checked out at the hospital or urgent care. Then, call Rico to start protecting your rights and building your case.

Under Florida’s modified comparative negligence law, you can still recover compensation if you’re partially at fault, as long as your share of the blame is not more than fifty percent (50%). Your recovery will be reduced by your percentage of fault. If you’re unsure about your level of fault, call Rico to discuss your options.

There’s no upfront cost. Rico works on a contingency fee basis, meaning you only pay if you win. The fee is a percentage of the settlement or judgment awarded at trial, so you don’t pay anything out of pocket to get started.

The amount of compensation depends on factors such as the severity of your injuries, medical costs, lost wages, and the amount of insurance available. Every case is unique, and a jury could award different amounts depending on the specifics of your case. Rico will help you navigate the process and fight for the best possible outcome.

Medical malpractice happens when a healthcare provider’s negligence causes injury or harm. This can include misdiagnosis, surgical errors, medication mistakes, or failure to provide adequate care that meets the accepted standard in the medical community.

In Florida, you typically have two years from when the malpractice was discovered (or should have been discovered) to file a claim. Acting quickly is important to protect your legal rights, as missing the deadline could prevent you from recovering compensation.

Before filing a lawsuit, Florida law requires a pre-suit process that includes a detailed investigation. You must notify the healthcare provider of your intent to sue and provide an affidavit from a medical expert who will confirm that the standard of care was violated. Rico will help locate an expert who supports your claim, and this affidavit is the first step toward building your case and potentially settling before trial.

No. But if a third party contributed to your injury, Rico can pursue additional compensation through a third-party lawsuit while also helping with your workers' compensation claim. This allows for recovery beyond workers' comp benefits, such as pain and suffering, which workers' comp does not cover.

In Florida, the pre-suit process generally takes 90 days from the time the notice of intent to sue is sent to the healthcare provider. During this period, both sides investigate the claim, and the healthcare provider may offer a settlement or suggest arbitration. If the case isn’t resolved during the pre-suit process, it can proceed to court.

Arbitration is a voluntary process where both sides agree to resolve the case outside of court. If you agree to binding arbitration, your non-economic damages (like pain and suffering) will be capped at $250,000. However, if the case goes to trial and arbitration is rejected, non-economic damages may be capped at $350,000. Arbitration is designed to speed up the resolution process and reduce legal costs, but it may limit the compensation you receive.

If you reject arbitration, your non-economic damages at trial may be capped at $350,000. However, if the healthcare provider rejects arbitration, you may be able to recover more, including additional damages like prejudgment interest and attorney’s fees

You may recover economic damages such as medical bills, lost wages, and loss of earning capacity. Non-economic damages, like pain and suffering, are capped at $250,000 in arbitration and $350,000 at trial if arbitration is rejected.

Yes, an affidavit from a medical expert is required under Florida law to verify that the healthcare provider’s actions did not meet the standard of care. Rico will work to locate an expert who supports your claim, and this affidavit is the first step in moving your case forward.

Medical malpractice cases can take several months to a few years, depending on the complexity of the case and whether it goes to trial. Rico will be with you every step of the way, working to resolve your case efficiently while fighting for the best outcom

Yes. Florida now follows a modified comparative negligence standard for incidents that occurred on or after March 24, 2023. This means you can still recover compensation if you are not more than fifty percent (50%) at fault for your own injuries. For incidents before that date, the pure comparative negligence standard applies, meaning your compensation will be reduced by the percentage of fault assigned to you, regardless of how the fault is split between you and the defendant.

Compensation may include medical expenses, lost wages, pain and suffering, and long-term care costs. Rico will assess your case and work to recover the maximum compensation available. Keep in mind that the largest factor in determining compensation will be evidence showing how much your life has changed since the incident. If you were active before the injury—perhaps playing in a bowling league, hosting events, or being the primary provider for your family—but are no longer able to do these things, it strengthens your case for a larger monetary award.

The time it takes to resolve a premises liability case depends on its complexity, the property owner’s willingness to settle, and whether the case goes to trial. Many premises liability cases require filing a lawsuit and may take 1 to 2 years to resolve.

Compensation may cover medical bills, lost wages, pain and suffering, and long-term care expenses, depending on the severity of the injury.

Yes, preserving the product in its post-accident condition is crucial for proving your case. Success in proving your product liability claim often requires that you keep the item that caused you harm so that experts can examine it and show that its failure truly caused your injury. In a courtroom, evidence is essential to win a trial, so the more evidence you have, the stronger your case.

Product liability cases can involve a wide range of items, including medical devices, household appliances, car parts, children's toys, and even prescription drugs. If any of these products caused your injury, you may have a claim.

Several parties may be held responsible, including the manufacturer, distributor, retailer, or any entity involved in the chain of production. Rico will investigate your case to identify all liable parties and hold them accountable.

A product recall can strengthen your case, but it is not required for a successful claim. Rico will use recall evidence, when available, to help demonstrate that the product was unsafe and should not have been on the market.

In Florida, you must report your workplace injury to your employer within 30 days. After that, you generally have up to two years to file a formal workers' compensation claim. Rico will help guide you through the process to make sure all deadlines are met and your claim is filed properly.

The compensation depends on the severity of your injury, the medical treatment required, and the time off work. Rico will help you pursue the maximum benefits allowed under the law, including medical expenses, lost wages, and disability benefits.

Contact Rico immediately. He will review your case, gather additional evidence, and file a petition to help secure the benefits you're entitled to, including medical treatment and wage replacement.

No. But if a third party contributed to your injury, Rico can pursue additional compensation through a third-party lawsuit while also helping with your workers' compensation claim. This allows for recovery beyond workers' comp benefits, such as pain and suffering, which workers' comp does not cover.

No, workers' compensation cases are handled through administrative hearings rather than jury trials. A judge makes the decisions based on the evidence presented. Rico will represent you throughout this process, making sure your case is thoroughly presented to the judge.

The workers' compensation insurer usually selects the doctor who treats you. However, you have the right to request a one-time change of physician if you're not satisfied with the care you're receiving. If the insurer doesn’t approve the change within a set time, you may choose your own doctor, and their treatment will be covered if it's necessary for your recovery.

There’s also something called the “self-help” rule that allows you to seek your own initial treatment if the insurer fails to provide care after you've requested it. This applies only to your first treatment, and it must be necessary and related to your injury. If your care was wrongfully denied, you could be reimbursed for any treatment you had to get on your own.

Maximum Medical Improvement (MMI) is the point in your recovery where your doctor determines that your condition has stabilized, and further treatment is unlikely to improve your condition. Reaching MMI doesn’t mean you’re fully healed, but it means your injury has improved as much as it’s going to.

Once you’ve reached MMI, your workers' compensation case can change in several ways. Your doctor will assess whether you have any permanent impairments and whether you can return to your previous job or need additional support, like disability benefits or vocational rehabilitation. MMI can also affect the amount of future medical benefits and wage loss benefits you can receive.

Rico will work with you through this phase, making sure you understand how MMI impacts your case and what your options are moving forward.

If your employer wrongfully terminates you or retaliates against you for filing a workers' compensation claim, you may have grounds for a civil lawsuit. Rico will help you take legal action to protect your rights and seek compensation for damages resulting from retaliation.

If your condition worsens after receiving workers' compensation benefits, you may be entitled to additional medical treatment or benefits. However, if your case has been settled, you generally cannot reopen the claim or receive further compensation.