Personal Injury Cases: Frequently Asked Questions
Accident events can happen to all of us. A distracted driver could run a red light and total your car. A vicious dog could get loose and attack a jogger. When situations like these happen, it is important to understand the process of personal injury law and how to address your rights.
We have prepared for you a summary of the most frequently asked questions with a brief answer.
1. WHAT TO DO RIGHT AFTER A PERSONAL INJURY?
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Take photos of your injuries
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Visit a doctor if you haven’t already
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If you have visited a doctor, follow their care plan and attend all follow-up appointments
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Write down a narrative of what happened while it’s still fresh in your head
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Make a list of witnesses and their contact information if you know it
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Contact a personal injury lawyer.
2. WHAT IS MY CASE WORTH?
It is difficult to estimate the value of your case but here are some of the most common payouts:
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Past medical bills
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Rehabilitation costs
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Pain and suffering
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Therapy
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Lost wages and/or future income
3. WILL I HAVE TO GO TO TRIAL?
The majority of personal injury cases are settled before ever going to trial, but sometimes settling out of court is not an option. A few reasons for this may be:
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The defendant does not offer a settlement
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The defendant only offers an unreasonable settlement
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The plaintiff wants to go to trial
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Liability or damages are disputed
4. HOW LONG WILL A LAWSUIT TAKE?
This depends on the specifics of your case. The more complicated your case, the longer you can expect it to take. You have some control over the length of your case because it’s up to you to accept or reject settlement offers.
5. HOW LONG DO I HAVE TO REPORT AN ACCIDENT AND THEN FILE A CLAIM?
Florida law expects you to report a motor accident right away. If you don’t do it, you have only 10 days after an accident to file a police report in Florida.
Under Florida Statute 95.11(3)(a), the statute of limitations for drivers to file an accident claim is four years after the date of the crash. If you miss this deadline by even one day, you will be unable to recover any compensation for your accident.
6. SHOULD I ACCEPT THE INSURANCE COMPANY’S SETTLEMENT?
An insurance company is a business. Their main goal is to minimize payouts so they can maximize their profits, which does not leave your best interests in mind.
It is better to work with an attorney to get the compensation you deserve so you are not drastically underpaid. It may take longer, but the payout will be worth the process.
7. DO I REALLY NEED A LAWYER?
As we said above, insurance companies are not concerned with giving you the compensation you deserve. Filing a claim without an attorney or accepting the first offer will drastically diminish your chances of receiving a fair settlement.
The legal process is incredibly complicated and can be overwhelming for those who do not deal with it on a daily basis. While some claims are small enough to be handled without counsel, the majority of them should involve an experienced attorney to make sure you receive reasonable compensation.
We offer a free initial consultation, in order to help you to make a decision wisely.
8. WHAT DOCUMENTS SHOULD I BRING TO THE LAWYER?
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Diagnosis paperwork
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Discharge instructions
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Bills
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Receipts