Do I have a case?
Every single personal injury case is different. You should refrain from speaking to insurance companies or the potential defendant until you can clearly think about what has happened. If you believe you have a case, the best thing to do is speak with one of our attorneys as soon as possible.
How much money is my case worth?
We will speak with you and determine if the defendant’s negligence may have caused your injury, to recover compensation we will need to prove liability.
To determine your damages, we will evaluate the following:
- Lost wages
- Pain and suffering
- Medical expenses
- Any future medical procedures or care you may need
What if the insurance company makes me an offer?
Insurance companies often will try to avoid a trial and will likely make you an offer to settle your claim, it depends on the extent of your injuries and associated costs to determine is offer is acceptable.
Who would make the decision to settle my case?
You and only you have the authority to settle your case.
If you decide not to settle your case, then the case will proceed to a trial. Cases can settle at any time up to, during or even after a trial is over. We can’t guarantee the outcome of a trial, you may get more then they offered to settle, the same amount or possibly nothing at all but we are prepared to fight on your behalf and obtain the best possible result.
If I settle my case, what happens?
Once the case is settled, it takes approximately 20 days to receive payment from the insurance company.
Florida law requires that the check be held in the firm’s trust account until it clears (generally 7-10 business days). At that point you will receive an itemized closing statement which will breakdown the attorney fees and costs, any unpaid medical expenses to be paid from settlement. After you approve the settlement, your attorney will provide you with a check.
What are the risks with a trial?
There are no guarantees to the outcome of a trial.
If you win: You can tax certain costs of preparing your case against the defendant, if the amount of money the jury awards you is more than defendant offered to settle your case you may be entitled to an award of attorney’s fees as well as costs.
If you lose: The defendant is entitled to tax certain costs of preparing their defense against you. In some situations, if the jury awards you less then what they initially offered to settle the case, the defendant may also tax not only cost but also attorney’s fees against you.
What are things that may affect my case?
- Prior criminal history
- Prior accidents or injuries
- Prior hospitalizations
- Prior lawsuits, claims you have made or claims made against you
- Prior psychological treatment
- Prior worker’s compensation claims
- Any alcohol or drug use
- Statements given to adjusters
- Any injury or accident after the accident date
- Failure to report income or file tax returns
How long would it take to resolve my case?
Each injury case is different and depends on many different things.
A typical personal injury case takes roughly 12 – 18 months to resolve but a case may take longer if you are still undergoing treatment or if doctors are still unsure about future needs regarding your injury. We want to ensure that all of your needs have been met and we have taken into consideration your future as a result of the injury.
What should I do next?
You should call our office and schedule your complimentary 30 minute consultation.
We will speak with you about your case, answer any questions you may have and provide you with options to move forward.