Q & A — Common Legal Questions

A personal injury claim arises when you suffer physical or psychological harm as a result of another person's or entity's negligence, recklessness, or intentional wrongdoing. To have a valid claim, you generally must show that the defendant owed you a duty of care, breached that duty, and that the breach directly caused your injuries and resulting damages. Common examples include car accidents, slip and fall injuries, medical malpractice, defective products, and workplace accidents.

In Florida, the statute of limitations for most personal injury claims is two years from the date of the injury. However, certain types of claims — such as claims against government entities, medical malpractice claims, and wrongful death actions — may have different deadlines and notice requirements. Missing a filing deadline can permanently bar your right to recover. It is critical to consult with an attorney as soon as possible after your injury.

Recoverable damages in a Florida personal injury case typically fall into two categories: economic and non-economic. Economic damages include medical expenses (past and future), lost wages and diminished earning capacity, rehabilitation costs, and property damage. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. In cases involving egregious misconduct, punitive damages may also be available.

The majority of personal injury cases are resolved through negotiated settlements without the need for a trial. However, if the responsible party or its insurer does not offer fair compensation, your attorney may recommend filing a lawsuit and proceeding to trial. Our firm is fully prepared to litigate your case if necessary, and we believe that a willingness to go to trial is one of the most important factors in securing a favorable settlement.

After any accident, your first priority is your safety and medical care. Seek immediate medical attention, even if you believe your injuries are minor — some serious injuries are not immediately apparent. Report the accident to the appropriate authorities and obtain a copy of any incident or police report. Document the scene with photographs if you are able, gather contact information from witnesses, and avoid giving recorded statements to any insurance company before consulting an attorney. Contact Templer & Hirsch as soon as possible for a free consultation.

The Defense Base Act (DBA) is a federal workers' compensation statute that provides injury and death benefits to civilian contractors and employees working on U.S. military bases or under U.S. government contracts overseas. Coverage extends to contractors working in countries where the U.S. military is present, regardless of whether the contractor is a U.S. citizen. The DBA is administered by the U.S. Department of Labor and applies whether the injury is physical, psychological, or results in death.

DBA benefits include two-thirds of the claimant's average weekly wage for temporary total disability, two-thirds of the wage-earning capacity difference for temporary partial disability, and compensation based on impairment ratings for permanent disabilities. Permanent total disability (PTD) provides two-thirds of the average weekly wage for life. The DBA also requires the employer/insurer to pay all reasonable and necessary medical expenses related to the work injury, including overseas treatment and transportation.

If your DBA claim has been denied, you have the right to contest the denial through a formal administrative process. The first step is typically an Informal Conference before the U.S. Department of Labor, followed by a formal hearing before an Administrative Law Judge if the dispute is not resolved. Appeals from the ALJ decision go to the Benefits Review Board, and from there to the federal circuit courts. An experienced DBA attorney can evaluate the denial, gather supporting evidence, and advocate on your behalf at each stage.

Yes. The DBA covers psychological conditions, including PTSD, depression, anxiety disorders, and other mental health conditions that arise from work-related events. Contractors who experience traumatic events in combat zones, who witness the death or serious injury of colleagues, or who are otherwise exposed to extreme stress in the course of their employment may be entitled to benefits for psychological injuries. These claims often require comprehensive psychiatric evaluation and experienced legal representation.

The timeline for a DBA claim varies considerably depending on whether the claim is accepted voluntarily or contested. Accepted claims may begin paying benefits within a matter of weeks. Disputed claims that proceed to an ALJ hearing typically take one to two years or more from the date of filing to final resolution. Complex cases or those involving significant permanent disability may take longer. Retaining experienced DBA counsel early in the process can help avoid unnecessary delays and ensure your rights are protected from the outset.

The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal workers' compensation statute that provides benefits to maritime workers who are injured upon navigable waters of the United States, or in adjoining areas such as docks, piers, terminals, and marine railways. It covers a broad range of workers including longshoremen, ship repairers, harbor construction workers, and other maritime employees. The LHWCA provides medical benefits, disability compensation, and death benefits.

The Jones Act (46 U.S.C. § 30104) is a federal statute that gives seamen the right to sue their employers for negligence. To qualify as a seaman under the Jones Act, a worker must spend a substantial portion of their working time aboard a vessel in navigation. The Jones Act allows recovery for all damages caused by the employer's negligence, including medical expenses, lost wages, pain and suffering, and loss of earning capacity. Seamen are also entitled to maintenance and cure — a separate remedy requiring the employer to pay living expenses and medical costs while the seaman recovers.

The key distinction is whether the injured worker qualifies as a "seaman" under the Jones Act. Seamen — those who contribute to the function of a vessel and spend a substantial portion of their time aboard — are covered by the Jones Act and general maritime law, not the LHWCA. Workers who do not qualify as seamen but are injured in covered maritime locations may file under the LHWCA. Determining which law applies to your situation is critical and requires analysis by an experienced maritime attorney.

Maintenance and cure is a fundamental right of seamen under general maritime law. "Maintenance" is a daily living allowance payable while a seaman is incapacitated and unable to work — it is separate from wages. "Cure" is the employer's obligation to pay for all reasonable medical treatment until the seaman reaches maximum medical improvement (MMI). Maintenance and cure is owed regardless of fault. Employers who willfully or arbitrarily fail to pay maintenance and cure may be liable for additional damages including attorney's fees.

Yes. Under general maritime law, vessel owners have a duty to maintain their vessels in a seaworthy condition. An unseaworthy vessel is one that is not reasonably fit for its intended use — this can include defective equipment, inadequate crew training, or unsafe conditions aboard the ship. A seaman who is injured due to an unseaworthy condition may bring a claim for unseaworthiness against the vessel owner in addition to any Jones Act negligence claim. These two claims are frequently pursued together and can significantly increase the total recovery.

Under a contingency fee arrangement, you pay no attorney's fees unless and until your attorney recovers money for you. The attorney's fee is calculated as a percentage of the total recovery. At Templer & Hirsch, we handle personal injury and maritime cases on a contingency basis, meaning there is no out-of-pocket cost to retain us. If we do not recover compensation for you, you owe us nothing. This arrangement allows injured individuals to access skilled legal representation regardless of their financial situation.

The timeline for resolving a personal injury or maritime claim depends on numerous factors, including the complexity of the case, the nature and severity of the injuries, the willingness of the opposing party to negotiate in good faith, and whether the case proceeds to trial. Straightforward cases may resolve in several months; complex litigation involving contested liability, disputed damages, or federal administrative proceedings can take several years. Your attorney will provide a realistic assessment of the expected timeline for your specific case.

No. You should not give a recorded or written statement to any insurance company — including your own — before consulting with an attorney. Insurance adjusters are trained to ask questions in ways that may minimize your claim or create inconsistencies that can be used against you later. Once you retain Templer & Hirsch, all communication with the insurance company goes through our office, protecting your interests and preventing inadvertent statements that could jeopardize your recovery.

During your free consultation at Templer & Hirsch, one of our attorneys will listen carefully to the facts of your situation, ask clarifying questions, identify the legal theories that may apply, assess the potential value of your claim, and explain the process going forward. There is no obligation to retain our firm after the consultation. We encourage you to ask any questions you have about the legal process, our firm's experience, and what you can expect if you choose to proceed with us.