Frequently Asked Questions

Personal Injury

WHAT IS A PERSONAL INJURY?

A personal injury (sometimes referred to as bodily injury) is any physical or mental injury to a person as a result of someone’s negligence or harmful act.

WHAT ARE SOME EXAMPLES OF A PERSONAL INJURY CLAIM?

Car and truck accidents
Motorcycle accidents
Boating accidents
Slip and fall accidents
Dog bites
Home accidents
Medical malpractice
Nursing home abuse
Wrongful death

CAN I GET FINANCIAL COMPENSATION IN A PERSONAL INJURY CLAIM?

Compensation for your injuries depends on several factors, including physical and mental pain and suffering, economic hardship or financial loss, decreased earning potential, and physical impairment, including disfigurement. Depending on the type and extent of your personal injury, you may be eligible for compensatory (actual) damages, and punitive (criminal) damages.

The damages may include the following:

Medical bills
Lost wages, including overtime
Pain and suffering
Physical disability
Disfigurement
Permanent scars
Emotional trauma
Mental anguish
Loss of enjoyment
Loss of love and affection
Embarrassment
Mental disability
Property damage

Out of pocket expenses (transportation charges, house cleaning, grass cutting and others).

HOW DO I KNOW IF I HAVE A PERSONAL INJURY CLAIM?

To have a personal injury case, you must be able to show that you have been injured, either physically or emotionally, by someone else under a negligence, strict liability, or intentional misconduct theory. In some cases it may be necessary for you to show that the other party was more at fault for the injury than you were.

Insurance Disputes

HOW LONG WILL A LAWSUIT AGAINST MY INSURANCE COMPANY TAKE?

The time involved varies greatly from case to case. Very often, the insurance carrier offers to pay the benefits owed shortly after they receive the lawsuit. Other times, they hire an attorney to defend them which usually results in delays as the case proceeds through the litigation process. Generally speaking, a lawsuit of this type can take anywhere from 90 days to several years to resolve. We try whenever possible to obtain a trial date for our clients within 12 months of the date the suit is filed. It is important to note that the law in some cases, provided for up to 5 years to file a lawsuit.

HOW DOES GIMENEZ & CARRILLO, LLC. GET PAID?

In most cases, we are able to require the insurance company to pay our legal fee in addition to also paying your benefits. If the amount of the court ordered fee equals or exceeds the contingency fee, than you receive all of your benefits without any portion being deducted for legal expenses.

MY INSURANCE COMPANY KEEPS ASKING FOR MORE INFORMATION. SHOULD I GIVE IT TO THEM?

Virtually all insurance policies contain a “cooperation clause”. This means that you must comply with all reasonable requests made by your insurance carrier. This does not mean, however, that you should endlessly continue to forward information to the company. We strongly recommend that you consult with an attorney at the first indication you receive that your claim is not being paid in a timely manner by the company. The initial consultation with our firm is always free.

IF I CAN’T FIND A COPY OF MY INSURANCE POLICY DO I STILL HAVE A CLAIM?

Yes. Although reviewing your policy is a very important part of our evaluation process, we can get a copy of the policy directly from the company if you cannot locate your copy. If you were never provided with a copy of your policy, please let us know as that is relevant in determining what defenses an insurance company may be able to assert in litigation.
The lawyers Gimenez & Carrillo, LLC, litigate numerous lawsuits involving Insurance Disputes as well as other personal injury cases every year throughout the State of Florida. We are extremely proud of the results that we have obtained. We look forward to sharing those results with you.

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Oscar Espinal

Business Development/ Community Liaison/ North and Central Florida Manager

Jhojama Rodas

Jhojama Rodas has worked as a legal secretary for over ten years and joined Gimenez & Carrillo, LLC in 2008.

Frances Quesada Ibarra

Frances Ibarra began working as a paralegal in 2013 and joined Gimenez & Carrillo, LLC in 2018.

Sandra Neu

Sandra Neu has been in charge of the Marketing department and Community Outreach at Gimenez & Carrillo, LLC since 2007.

Jacqueline Jorge

Jacqueline  Jorge has worked in the legal sector for over 25 years and is currently a Senior Paralegal at Gimenez & Carrillo, LLC.

Paralegal and Office Manager Jacqueline Jorge ensures the smooth running of the Law Office on a day-to-day basis.

Following many years with our office, as a legal secretary and paralegal, in 2012, she officially was named office manager, assisting our attorneys and managing our great staff.

Jackie continues to assists with cases, which is her drive.

Jackie’s reliable, respectful, and patient temperament serves her well when working on matters concerning particularly challenging issues that may be stressful for clients.

Erik Arriete Esq.

Erik Arriete has over 20 years of expertise in family law, personal injury, and first-party insurance claims. He earned a bachelor’s degree in business administration from the University of Miami and later obtained his juris doctorate from Florida International University.

Aubrey Rudd, Esq.

Aubrey Rudd has been a member of the Florida Bar since 1991, after graduating from Stetson University’s College of Law in 1989. Rudd specializes in first-party insurance disputes and also serves as a title and closing agent. 

Julio A. de Armas

Julio A. de Armas, is a Miami-Dade native who practices mainly civil litigation, commercial litigation, and bankruptcy. Julio is licensed to practice law both in Florida and New York. In addition, Julio practices civil and commercial litigation throughout the state.

Julio graduated with a bachelor’s degree in philosophy from Florida International University and later received his juris doctorate degree from Albany Law School in New York. Julio is also a member of the Cuban American Bar Association, the South-Miami Kendall Bar Association and the New York State Bar Association. 

Joanna J. Kallinosis

Joanna J. Kallinosis is an associate in the Miami office of Gimenez and Carrillo, where she focuses her practice primarily on first party and third party property claims, representing homeowners across the state. Prior to joining Gimenez and Carrillo, she was an associate with a well known plaintiff firm and prominent insurance defense law firm in Miami, where she handled first party property defense claims, third party liability claims, and nursing home defense litigation.

Mrs. Kallinosis received her Juris Doctor from St. Thomas University School of Law in May 2016; she earned her Masters of Science in Criminal Justice Magna Cum Laude in 2012, and her Bachelors of Science in Criminal Justice Magna Cum Laude in 2011, from Florida International University. While in law school, she served as Executive Editor of the St. Thomas School of Law Intercultural Human Rights Law Review (ranked #6 in the world), and as Vice-President of the Moot Court Board; where she competed in and coached at several national competitions.

She was a recurrent member of the Dean’s list, received the Book Award in Florida Constitutional Law, earned several merit-based scholarships, and was recognized for her pro-bono work in the community. Mrs. Kallinosis also served as a judicial intern for the Hon.  Tinkler Mendez, Eleventh Judicial Circuit in Florida, served as a certified Guardian ad litem, and as a clerk in several prominent law firms where she gained experience in automotive liability, personal injury protection, and product liability.

Mrs. Kallinosis is licensed to practice law in Florida, is a member of The Florida Bar, and is also admitted to practice in the U.S. District Court in the Southern District of Florida. 

Sergio Sotolongo

Sergio Sotolongo received his bachelor’s degree in 2020 from Florida International University and has been a member of the Florida Bar since November of that year. 

Joseph G. Tesmond, P.A.

Joseph G. Tesmond has 12 years experience as an Assistant Public Defender in Dade County, FL Public Defender’s office. Before leaving the office to launch his own full-service criminal defense law company, Mr. Tesmond progressed through the ranks and became a Felony Division Training Attorney. For more than 23 years, he has been a member of the Florida Bar.

Throughout his career, Mr. Tesmond has fought hard to protect the constitutional rights of each and every client and to handle each client and case personally on an individual basis. Mr. Tesmond believes that early professional representation is key to resolution of any issue to the client’s satisfaction.