Personal Injury Accident Cases - FAQ
How long does a personal injury accident compensation claim take to settle?
It depends on whether the case can be settled before a lawsuit is started.
If it can be settled before a lawsuit is filed,
we can normally settle a personal injury accident case within 4 to 6 months. If a lawsuit is necessary, then the case normally takes 1 to 1 and 1/2 years
What percent of personal injury cases are settled out of court?
We are able to settle approximately 80% of the personal injury cases before
filing a lawsuit.
What percent of personal injury cases are eventually settled?
What percent of personal injury accidents actually go to trial?
We are able to settle approximately 95% of the personal injury cases and
personal injury cases that go to trial are approximately 5%..
How soon after a personal accident injury should an injured person consult
with an attorney?
We strongly recommend an injured person to consult with an attorney immediately
after an injury. It is very important that the attorney advise the injured person of his
or her rights and discuss the way forward immediately after an injury.
Are there time deadlines after an injury when a lawsuit must be filed if
the claim cannot be settled?
Yes. In the law, time deadlines are known as statutes of limitations. Generally,
in Florida, a personal injury lawsuit must be filed within 4 years after
the injury or the case is forever lost. However, there are certain cases
where notice must be given before the lawsuit is filed such as cases against
governmental units including cities and counties. Certain other cases
have longer statutes of limitations such as suits against an individual's
own insurance company which normally can be filed within 5 years after
the injury. It is never a good idea for the injured person to try to determine
the statute of limitations on his or her own. The injured person should
always see his or her attorney immediately after an injury and let the
attorney determine it instead.
Should an injured person report an injury to his or her own insurance company
before talking to an attorney?
No. An injured person should always first consult with an attorney before
reporting the injury to his or her own insurance company.
Should an injured person fill out or sign insurance company forms without
first consulting with an attorney?
No. An injured person should never fill out or sign insurance company forms
without first consulting with an attorney.
Should an injured person sign a statement about how the injury happened
or the events afterward without first consulting with an attorney?
No. An injured person should never sign any statement about how the injury
happened or the events afterward without first consulting with an attorney.
Should an injured person give a recorded statement to an insurance company
or allow the insurance company to record his or her telephone conversations?
No. An injured person should NEVER give a recorded statement to an insurance
company or allow the insurance company to record his or her telephone
conversations without his or her attorney's consent.
How is it determined what a personal injury claim is worth?
There is no mathematical formula for determining the value of a personal
injury claim. Usually only an attorney can properly assess the value of
a personal injury claim based on what he has seen juries award in similar
situations. The factors that influence the value of a personal injury
claim include the likelihood that the defendant will be found to have
been at fault in causing the injury, the amount of medical expense to
date, the projected amount of future medical expense, the amount of wage
loss to date, the projected amount of future wage loss, the amount of
pain and suffering to date, the projected amount of future pain and suffering,
the existence of a scar or disfigurement from the injury, and the effect
of an injury on the injured person's ability to live his or her normal life.
If I have automobile insurance in Florida, will it cover all my medical
bills and wage loss?
Not necessarily. Under Florida law, an injured person's own automobile
insurance is only required to cover a maximum of $10,000 total for both
medical expense and wage loss. The injured person must obtain the balance
from the injured person's own health insurance and the insurance of
the driver or the owner of the other vehicle involved in the accident
if that other person was at fault.
If I suffer an injury on the property of a business or another individual
and it was my fault, will I have to pay any medical bills out of my own pocket?
Not necessarily. Under many general liability and homeowners policies,
the insurance company will pay medical bills up to a certain amount even
if the injury was the fault of the injured person.