The most important task that a Personal Injury attorney has at the beginning of a Personal Injury case is to clearly explain to the client the process.
After handling thousands of Personal Injury case intakes, we absolutely have concluded that a client who understands the process of a Personal Injury claim, will feel empowered and completely satisfied with the resolution of their case.
Based on this experience, we compiled the 10 Most Frequently Asked Questions by a Personal Injury client.
1. (Case Value): What is the value of my Personal Injury claim?
It is virtually impossible to answer this question at the very beginning of a case.
Why? Because the value of a Personal Injury case comes from the medical treatment received, medical bills, permanency of the injuries, loss wages, pain & suffering, future medical treatment etc. All this information typically comes once you have completed all your medical treatment.
However, once we receive all this information to calculate the value of your claim, there are various ways to calculate it.
We look at past jury verdict awards for similar cases, prepare our own jury award estimates or simply multiplying the total medical bills by 3 to 5 (depending on the type of case and injuries).
2. (Settlement Timeframe): How long will it take to settle my Personal Injury Claim?
We have settled cases as quickly as a few days to five (5) years (if it goes to trial).
Our experience shows that the average case takes 4 to 7 months to settle (assuming you settle this case without having to file a lawsuit).
Factors that determine when a case settles are: How fast the law firm pushes the case forward, the medical treatment of the client and obtaining all the evidence needed to value a claim.
If we feel that our client’s case is not getting a fair and reasonable offer to settle, we will recommend filing a lawsuit. Once the case is in a lawsuit, it can take between 6 months to 5 years to finally have a resolution.
3. (Medical Bills): How are the medical bills related to my Personal Injury case going to be paid?
The are various sources that can pay for your medical bills but ultimately the person or entity responsible to pay are the at-fault parties.
Unfortunately, the at-fault parties typically do not pay until the case is settled and once we receive the settlement proceeds, we pay your medical providers.
In the meantime, while you are receiving medical treatment, and depending on the type of personal injury case, your own auto insurance (PIP) would pay, health insurance, MedPay or a Letter of Protection (defers payment until case is settled).
4. (Statute Of Limitations): How quickly do I have to file for my Personal Injury claim?
Here are the Florida Statute of Limitations (meaning the deadline for you to file a lawsuit) for various Personal Injury claims:
- 4 years: Negligence Claims (i.e. Auto, Slip & Fall etc.)
- 2 years: Medical Malpractice
- 2 years: Professional Malpractice
- 2 years: Worker’s Compensation
- 2 years: Wrongful Death
- 2 years: Nursing Home
- 4 years: Assault & Battery
Despite these timeframes/deadlines to file a lawsuit, we recommend to immediately start your personal injury claim.
The above statute of limitations are subject to change by the Florida Legislature so make sure you ask us if these timeframes/deadlines still apply.
5. (Hiring & Paying Lawyer): How, when and how much do I pay my Personal Injury attorney and what documents do I need to sign in order to hire a Personal Injury attorney?
You do not pay any upfront money to retain our Personal Injury law firm. We are compensated only if we obtain compensation from you. If we do not secure you compensation, you do not owe us anything.
We also cover all upfront expenses. These expenses or case costs are reimbursed only if we secure compensation for you. If we do not secure compensation, you do not pay us anything.
We charge 33.33% of the total settlement if we settle your case. If we file a lawsuit, and the cases is litigated, our fee is 40%.
To make the representation official, you will be presented with a Contingency Retainer contract and Statement of Clients Rights (as required by the Florida Bar). We will fully explain these documents and you will be given all the time needed to review carefully these documents before you sign.
The good thing is that you have 100% control to terminate the contract at anytime and for no reason!
6. (Property Damage): Who can help me get my property damage repaired or replaced?
Not all law firms offer this service but we will handle fixing or replacing your car or personal property damaged in your Personal Injury case (at no cost).
7. (Medical Treatment): What doctors can I see who will treatment for my injuries and do I have to stop working while I am receiving medical treatment?
You have complete control over what medical providers
you want to see to treat your personal injuries. At your request, and your request only, we can provide recommendations on medical providers to see. However, very important for you to understand that ultimately you choose your medical provider.
If you are receiving medical treatment, ask your medical provider if you need to not work during this time. Go with your medical providers recommendation as it will not affect your claim.
8. (Health Insurance): Do I have to use my health insurance to pay for medical treatment related to my Personal Injury case?
You do not but you can. If you use your health insurance to pay for medical treatment related to your case, then that same insurance company will seek to get reimbursed for those payments.
If you are in an auto accident, your own auto insurance will use your PIP coverage to pay for the first $10,000.00 of medical bills (minus any applicable deductible).
9. (Point of Contact): Who will be handling my Personal Injury at your firm?
You hire a team to work for you. However, it is our Personal Injury attorney who is 100% charge and responsible for managing your case. You will always have access to your attorney and their team.
10. (Case Documentation): What documents should I give my Personal Injury attorney regarding my case?
Ideally, we will need the following documents: identification, police or claim report, claim numbers, health insurance card, medical bills, medical expenses, medical reports, pictures of your injury, pictures of your accident, video of any sorts, names of witnesses etc.
You can still hire us even if you do not have all of this documentation (as it can be obtained over time).
Conclusion
Although we identified 10 Frequently Asked Questions, there are an infinite amount more.
If you hire the firm, will guarantee that you will be explained in its entirety the Personal Injury process.
We work for you!
Our job is to educate you on the process, so you make the best possible decisions once it comes time for us to settle your Personal Injury case.
If you have suffered a Personal Injury, we can help. We are Personal Injury Trial Lawyers and will take cases before a jury of your peers.
Insurance companies take us seriously and it helps us fight to obtain the maximum possible compensation for our clients.
It does not cost you anything to hire us. We are compensated only if we get compensation for you.
Contact us for a free and confidential consultation to discuss your personal injury claim.
