If you’ve been hurt due to an accident caused by someone else, you more than likely have a ton of questions. You might have suffered an injury because someone else ran a red light and broadsided your car. You might have slipped and fallen in the produce aisle of your local grocery store because no one cleaned up a spill. Or, you could have been enjoying a leisurely bicycle ride when a negligent motorist hit you.
Whatever the cause of your injury, the Eberst Law Firm has a team of attorneys who will be more than happy to answer your questions. We’ll also be ready to provide you with the expert legal representation you’ll need in order to have the best possible chance of obtaining full and fair compensation. Don’t hesitate to contact us online or call (772) 225-4900 for a free consultation.
In the meantime, here are the answers to five of the most commonly asked questions about personal injury lawsuits.
Introduction to Personal Injury Claims
Personal injury claims are legal actions that allow individuals who have suffered physical or emotional harm to seek fair compensation from those responsible for their injuries. Whether the harm results from car accidents, slip and falls, medical malpractice, or even wrongful death, the personal injury claim process is designed to help the injured person recover damages for medical bills, lost wages, pain and suffering, and other related losses. Navigating a personal injury claim can be complex, which is why working with a knowledgeable personal injury lawyer is so important. An experienced attorney can guide you through each step, ensuring you understand your rights and helping you pursue the maximum compensation you deserve for your injury.
Types of Personal Injury Cases
Personal injury cases come in many forms, each with its own unique challenges and legal requirements. Some of the most common types include car accidents, truck accidents, motorcycle accidents, slip and fall incidents, medical malpractice, and wrongful death claims.
The severity of injuries in these cases can range from minor cuts and bruises to severe injuries like spinal cord damage or traumatic brain injuries. Because every injury case is different, it’s crucial to have a personal injury lawyer who understands the nuances of various personal injury cases and can provide tailored support to injury victims. With the right legal guidance, you can better navigate the complexities of your specific injury case and work toward a successful outcome.
How Much is My Personal Injury Case Worth?
When choosing a personal injury attorney, it will be very important you realize that no ethical attorney will ever promise to help you get a specific amount of money. Legitimate lawyers will have a very good idea of what you may be able to obtain. Most personal injury attorneys use their experience and knowledge of personal injury law to estimate case value, but they will never make any guarantees.
There are a lot of factors that go into determining the worth of a personal injury case. These include the:
- extent of your injuries
- cost of the medical treatment you’ll need
- size of the negligent party’s insurance policy,
- facts of the accident
- and more
Economic damages (such as medical expenses and lost wages) and non-economic damages (like pain and suffering) are both considered when valuing a case. Property damage is also a recoverable element in most personal injury claims.
In most cases, an accident victim will obtain more money if they have a severe, permanent injury. As long as they have followed the medical advice they received, and they can’t be assigned any fault for the accident, then they could be in line for a very significant settlement. The goal is to secure full compensation, recovering the total amount owed for all damages. Most personal injury cases are settled before trial, but the valuation process for damages is similar.
But in order for that to happen, the victim must have the help of a skilled legal representative. Any sort of personal injury case can be extremely complex. Various factors and other factors, such as the complexity of the case and the insurance company’s assessment, can influence the outcome. Only an experienced attorney will be able to navigate those complexities well enough to help an accident victim achieve the best possible result under personal injury law.
Understanding Medical Bills and Expenses
Medical bills and expenses are often one of the most significant concerns for anyone pursuing a personal injury claim. After an accident, the injured person may face a wide range of medical expenses, including hospital stays, doctor visits, physical therapy, and prescription medications. Keeping detailed records of all medical bills and related costs is essential, as these documents play a key role in calculating the total value of your personal injury claim. A personal injury lawyer can help you organize and present this information to the insurance company or in court, making sure that every expense is accounted for and that you are positioned to recover the full amount you are owed for your injury claims.
Will My Case go to Trial?
The vast majority of personal injury cases eventually settle out of court. However, they can sometimes go to trial. A personal injury trial is a type of civil lawsuit, which is distinct from criminal proceedings and is focused on seeking monetary compensation for injuries. These are just a few of the reasons this can happen:
- The defendant’s attorney is confident they will win.
- The insurance company refuses to offer a fair settlement, because they feel the accident victim is asking for too much money.
- Or, the victim wants the defendant to be held accountable in a public setting.
- Other factors and various factors, such as the complexity of the case, disputes with the other party, or disagreements over evidence, can also lead to a trial.
Car accident cases, including car crash scenarios, are common types of personal injury cases that may proceed to trial, especially when there are disagreements over liability or damages.
The most common reason for a trial is a denied insurance claim. However, an attorney will often be able to eventually negotiate a fair settlement even after a denial. They can do so because they’re able to uncover clear, compelling evidence that the injury victim is in no way to blame. And that all responsibility falls on the negligent party.
But there are some law firms that will be far too willing to accept a settlement, even if they know their clients are entitled to much, much more. These firms are known, appropriately enough, as “settlement mills.” They accept a huge number of cases, and litigate them as fast as they can so they can take on even more cases. Some settlement mills may prioritize quick settlements to minimize their own legal fees, rather than maximizing compensation for their clients. If you see flashy lawyer ads on television insisting that you hire their firm, there’s a pretty good chance that firm is a settlement mill.
What if I’m Partially At Fault for the Accident?
Suppose someone is in a car accident. They’re crossing an intersection when someone runs a stop sign and hits them. You would assume the stop sign runner would take all of the blame, right? What if the injured party, who was hit, was talking on their phone and couldn’t take evasive action because they weren’t paying attention?
Scenarios like this are a big reason why Florida is known as a “comparative negligence” state. There are times where both the injured party and the other party who caused the accident can share blame. Insurance companies may argue that the injured party’s own injuries were caused or contributed to by their own actions, which can affect the outcome of a claim. The driver’s insurance company and the other driver’s insurance company may negotiate or dispute the allocation of fault in these cases. If an injured party is assigned some of the responsibility, that will affect the amount of compensation they can get.
Let’s go back to the car accident scenario mentioned above. The other party, the driver who ran the red light, is assessed 80% of the blame. But the injured party gets 20% of that blame because they weren’t completely focused on the road. Say the injured party’s damages are set at $200,000. Since they’re 20% at fault, they’ll have to forfeit 20% – or $40,000 – of those damages. They’ll receive $160,000 instead.
Navigating the Insurance Company
Dealing with the insurance company after an accident can be one of the most challenging parts of the personal injury claim process. Insurance adjusters are trained to protect the company’s bottom line, which often means offering low settlements or denying valid claims. This is where having a personal injury lawyer on your side makes a significant difference. An experienced attorney will work diligently to communicate with insurance adjusters, gather the necessary evidence, and negotiate for fair compensation on your behalf. By letting your lawyer handle these interactions, you can focus on your recovery while knowing that your rights are being protected and that you have the best chance of securing maximum compensation for your injuries.
What Can I Expect Throughout the Process?
After you’ve been involved in a personal injury accident, and after you’ve received whatever medical treatment you need and called an attorney, the first thing your legal representative will do will be to launch an investigation. This will be critical to gathering the evidence it will take to make your case as strong as possible.
It is crucial to seek medical attention and seek medical care immediately after an accident. Prompt medical attention and medical care not only support your recovery but also help document your injuries, which is essential for your personal injury claim.
Next, the attorney will likely send a demand letter to the negligent party’s insurance company. In a nutshell, this is a packet containing important information, such as your medical expenses and other bills along with a letter asking the insurer for a certain amount of money to settle the case. That letter will also include a deadline.
If the insurer is cooperative, it will agree to the demand and send a check. The average time to receive a settlement check after an agreement is often around six weeks, though this can vary depending on the specifics of your case. However, if not, your attorney will either negotiate on your behalf or file a lawsuit. If a lawsuit is filed and the insurer still fails to make a fair settlement offer, the case will then go to trial.
Understanding the Statute of Limitations
The statute of limitations is a crucial legal deadline that affects all personal injury claims. It sets a strict time limit for filing a lawsuit after an accident or injury occurs—typically two to three years, depending on the state and the type of case. Missing this deadline can mean losing your right to claim compensation entirely. Because the rules can vary and certain situations may have shorter limitation periods, it’s important to consult a personal injury lawyer as soon as possible after your injury. Acting quickly ensures that your injury claim is filed on time and that you preserve your ability to seek the compensation you deserve.
How Can an Attorney Help Me?
As stated earlier, personal injury cases are incredibly complex. Personal injury attorneys and personal injury lawyers have the experience and resources to handle even the most challenging cases, ensuring clients receive the representation they deserve. But a good attorney will know how to handle every possible challenge that may arise. The Eberst Law Firm has a long track record of fighting – and winning – these kinds of cases. We also handle workers’ compensation claims and can assist if you or a family member is involved in a personal injury case. We’ll keep you thoroughly informed through every step of the process, and do everything we can to help you get every penny you have coming to you.
Schedule a free case review by using our online form or calling (772) 225-4900.
