Florida Personal Injury FAQs

If you or a loved one has been injured from the negligence of another, then you may be eligible to collect for medical bills, lost wages, punitive damages, long-term injuries or disabilities and even death. First we must be able to prove that an injury actually occurred. We must also be able to prove that the person(s) you are suing are really liable for the accident.

There are many factors that can determine the worth of a personal injury case. A lawyer needs all of the facts before they can even make any kind of estimate, whatsoever.

We must consider all factors involved such as; that the insurance company is, who the opposing lawyers are, the extent of your damages/injuries and many other important issues. Our best advice would be to contact us for a free consultation so we can better advise you on your specific case.

We don’t advise it. It is important to find a qualified personal injury attorney to be certain that your legal rights are not violated. Insurance companies are in business to make money. Insurance representatives are highly trained to mitigate the amount that they have to pay out on every case that comes through the door. An experienced personal injury lawyer is aware of all the tricks of the trade and can easily navigate in this environment to help you receive the fair settlement you deserve.

We only get paid when you get paid, and we are here to get you paid.

It’s important, very important, that your attorney has ALL of the facts. Otherwise, a surprise later could ruin your case. An attorney might need to know…

• Have you been involved in an accident before?
• Do you have any previous injuries?
• Have you been involved in any lawsuits in the past?
• Have you ever been hospitalized?
• Have you ever used alcohol or drugs?
• Do you have a criminal background?
• Have you ever been treated for a physiological disorder?
• Have you ever had a workers’ compensation claim before?
• What statements have you given the police and/or insurance adjustors?
• Have you ever failed to file and/or pay your taxes?
• Have you ever been known to be dishonest?

We could add many more to the list, but you get the idea. Anything at all that has a …! possibility of hurting your case needs to be discussed with your attorney.

The period of time in which a claim must be filed varies depending on the type of claim. For instance, a car accident claim has a different statute of limitations than a wrongful death claim. A medical malpractice claim has a different statute of limitations than a workers’ compensation case.

A deposition is a statement given under oath. This usually takes place in front of court reporter at the attorney’s office. Witnesses are called in for a deposition to answer questions from both parties. The transcript from the court reporter is then signed by the witness and sworn to be accurate under oath.

In cases of product liability, a defendant who has produced many copies of a defective product, such as a faulty tire, may face multiple lawsuits, with the jury in each case awarding punitive damages.

There are numerous factors that may affect the ultimate value of your case, which your Florida personal injury attorney will describe to you in your initial meeting with him.

These factors generally fall under three categories: the expenses your injury incurred, the effect on your quality of life that your injury had, and how clear it is that the insured party is liable for your injuries. The most obvious expenses incurred by your injury are your medical bills. These include bills for treatment from a doctor, therapist, or other healthcare professional, as well as the costs of any medication, prescription or over-the-counter. It also includes miscellaneous costs, such as hospital stays and ambulance fees.

It is also important to note that the insurance companies give some medical expenses greater weight than others: bills from alternative medicine practitioners, for example, are given less weight than bills from licensed doctors.

If your injury kept you from working, the wages you missed out on will also factor into your claim value. If you used sick time or vacation time while you recovered from your injury, you may be able to factor that into your claim as well. Your injuries most likely had a serious impact on your quality of life.

If your injury prevents you performing your normal household routine and renders you incapable of doing the leisure activities you used to enjoy, your settlement value may increase.

Also, any permanent disfigurement or disability resulting from your injury will also increase the value of your case.

Finally, there is the question of liability. If your evidence that the insured is responsible for your injuries is strong, the insurance company is more likely to settle. However, if there is evidence to suggest that our own negligence contributed significantly to your injury, you can expect the insurance company to resist paying your claim.

Your Florida personal injury attorney will make every effort to negotiate a fair settlement without you having to go to trial. However, there may be instances where a fair settlement is simply impossible and litigation is the only way you can get the money that you deserve.

This usually happens because the insurance company simply does not believe you deserve the money that your personal injury attorney is asking for. The most common reason that this would be the case is that the insurance company suspects that you are at least partially liable for your own accident.

If they have any suspicion that your own negligence contributed to your accident, the insurance company will likely be extremely resistant to settling. Sometimes, the insurance company may suspect you of exaggerating your injuries, especially if you have a soft tissue injury that leaves little verifiable evidence. This, too, will make insurance companies reluctant to settle.

Alternatively, the insurance company may just be stalling for time. Since the insurance company knows that waiting for settlement harms you more than it harms the insurer, it may simply be waiting for you to buckle. In such a case, a lawsuit is probably the only way to proceed with your claim.

Whatever the reason, a personal injury lawsuit will usually name the party responsible for your injury, instead of the insurance company, as the defendant. The only major exceptions to this rule are when the party that caused the claimants injury was underinsured. The insurance company will still be hurt by such a lawsuit, as people do not want insurance from a company that will allow them to be sued.

The procedure for initiating a personal injury lawsuit may vary from case to case. Your Florida personal injury attorney may suggest holding off on filing the lawsuit after announcing it, in hopes that the threat of a lawsuit might force the insurance company to reconsider its offer. However, the attorney must be ready to pull the trigger if the insurance company does not make a reasonable offer.

In these cases, the expertise of the Florida personal injury attorney is vital to getting you the money you deserve. Call experienced Florida persona injury attorney John Fagan today for a free initial consultation.

A personal injury journal can be a powerful tool if you are considering a personal injury lawsuit. The more specifically and accurately you are able to document your injuries, the more likely it is that you will be appropriately compensated for them.

If you choose to keep a journal, your attorney can advise you on the type of relevant information that should be included, and how these details may strengthen your case.

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