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Personal Injury FAQ

Get the Answers that You are Looking for

If you have suffered a serious injury at the hands of a careless or negligent individual, you may have questions about what steps to take next. For this reason, our firm has compiled a list of some of the most commonly asked questions regarding personal injury claims. For any additional information, we prompt you to contact our firm for a free consultation of your case.

How do I know if I have a valid personal injury case?

Not all cases are black and white, as many times it must be proven that another individual was responsible for the injuries that you have sustained. Depending on the circumstances of the accident and/or liability that has caused you harm, another party can only be held accountable for providing damages in the event that they had acted recklessly or failed to uphold their duty of care. For example, if you have been injured in a car accident that was caused by an intoxicated driver, you will likely be able to show that their irresponsible actions have resulted in your harm. In more complicated cases like a premises liability claim, however, a variety of factors must be taken into account to show that the property owner had failed to maintain safe conditions. Each case is different, so it is best to review the circumstances of your injury with an attorney to better understand whether or not you have a valid claim.

How long do I have to file a lawsuit in Florida?

Each state in the U.S. has placed a statute of limitations on personal injury lawsuits, meaning that an individual only has a certain period of time to make a claim before the allotted time limitations have expired. In the state of Florida, a victim has four years from the date of injury to pursue compensation from the responsible party. This is true for personal injury and product liability cases, but medical malpractice allegations must be followed up within two years if the wrongfully injured individual hopes to recover damages. Under certain circumstances, however, an injury may not be discovered for quite some time. If an injury is discovered after the statute of limitations has expired, one may be given an additional period of time to take legal action.

How much is my case worth?

Depending on several contributing factors, you case will be given a value accordingly. The nature and extent of your injuries will be taken into consideration—as a catastrophic injury will be compensated differently than an injury that is only temporary—as well as other factors like medical expenses and lost earnings. Non-economic damages like emotional pain and suffering and loss of enjoyment will also be taken into consideration when deciding upon the value of a case. What is important to consider, however, is whether or not you would like to take your case to trial and let a jury decide what is fair. Some people decide to settle with an insurance company in order to avoid spending time and money in pursuing a trial, but it is up to you to decide whether you would like to settle for a lower offer or go through the court system to decide the worth of your case.

Will I need to hire a lawyer after I have been injured?

Although not all cases warrant the involvement of an attorney, most of the time it is a good idea to consult a legal professional before taking any action or answering any questions. Many times, the other party's insurance company will begin calling immediately after an accident in an attempt to get a statement that they can use in their favor. They may also offer the victim a severely unfair offer in the hope that they can avoid a trial. If this is happening to you, it is highly advisable that you consult a lawyer from our firm before talking to an insurance adjuster or agreeing to an offer. Similarly, if you are looking to pursue compensation through a personal injury lawsuit, it is not a good idea to take on the process alone. By involving an experienced firm, you can feel confident in the future of your case and make sure that you are not denied rightful compensation.

What is the likelihood that my case will make it before a jury?

Many personal injury cases never see the inside of a courtroom, as only about 25% of all lawsuits make it to trial—and most of them settle before the trial even ends. In most cases, both parties will meet with their respective legal representation and attempt to negotiate the terms of a settlement. This could last up to a couple of months if neither party is willing to settle for the offer that is being made, and after a certain point, the case would then be taken before a jury. Even then, however, only a small percentage of these cases make it to a jury verdict, as most of them are renegotiated before the trial ends. If you would like to avoid the cost and time obligation associated with a trial, it unlikely that your case cannot be settled outside of court. Depending on the circumstances of your case, however, some lawsuits must be seen through until the end. Either way, it is important to express your goals to the legal professional handling your case.

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