Personal Injury FAQ

After an accident, many people find that they are left with numerous questions. You may be unsure what the future of a case will look like and it is important that you find the answers that you need. Below are some questions that are commonly dealt with by accident victims and their families. You can read the answers below or call our firm if you are unable to find the answers that you are looking for. Personal injury cases can be trying and you may feel out of control. Having a greater understanding of the process can offer confidence and relief. Our Miami personal injury attorney can review your case and better determine if you have a valid claim to compensation.

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What is the statute of limitations?

After an accident you will not have an indefinite amount of time to take legal action for injuries. Under Florida Statutes §95.11 the statute of limitations is covered. This should be referred to for each specific type of case, but generally personal injury claims that are regarding negligence will need to be filed within four years of the accident.

How do you know if you have a case?

There is no exact way to know whether you have a case or not. The best option that is available is to have the case reviewed by an attorney. They will have the legal background and the past experience handling similar cases to give a better opinion on if the case is valid or not. This assessment should be handled early on so that you know where you stand at the start of the case. It can also give you greater direction on which way your case should be directed.

How do I determine the worth of my case?

Each case differs and the worth will be dependent on a number of factors such as the amount of damage, if liability can be properly demonstrated and if the injuries will cause long term effects. As with determining if you have a case or not, when you are looking to determine how much compensation you are owed, speak with an attorney from the start. You want to know how much you are owed so you can assess if it is worth taking out a case and to make sure that you do not settle for a lower amount than you deserve.

Will I be required to go to court?

Some cases will require going to court, but generally, a personal injury case can be settled without this. Many times it is through a settlement that the issue can be resolved and victims can move forward. Court may be necessary if the settlement is not enough and if further legal steps need to be taken to retain the deserved amount. While this may elongate the process, if it is what the case needs, it can also be the best choice to get an end result that serves you in the long run.

How is negligence determined?

Negligence will be different in the type of case. The main thing that needs to be shown is that the liable party had a reasonable duty which they broke and this resulted in the injury being suffered. Negligence may come through in many ways. Sometimes it is a doctor that doesn’t pay close enough attention with a patient and fails to diagnose them or it may be a property owner that leaves obstructions in a walk way that causes someone to fall and injure themselves. To win a case, it is necessary that negligence can be shown. This may involve gathering evidence, witness accounts or medical assessments to build a case.

What is the burden of proof?

As a plaintiff or claimant, it is in your court to provide the burden of proof. If you work with an attorney they will be the ones presenting this. This provides convincing the judge or jury in the case and they will want to see that the evidence sways in your favor more than it does the defendant. A case should be thorough, starting with investigations and building a compelling argument.

Can compensation be sought in a wrongful death case?

For a family that has lost a loved one, there may be more than valid reasons for compensation to be sought. This can be done for a number of reasons. Losing someone you love is never easy while a case is not enough to repair this, there are a number of ways that it can help with the difficult situation. One of the first ways is through paying for medical costs.

There can be expensive medical bills and emergency medical treatment can come at an incredibly high cost. Funeral costs are also considerably expensive and you may not have to shoulder this cost. The person you lost may have been the main income earner in the family, such as with a stay at home wife that relies on her husband while she cares for the kids. Lost income may be considered and current and future expenses can be pursued.

What is the difference with a catastrophic injury?

More often, a catastrophic injury is something that will not be fully recovered from. It can lead to lifelong changes and this should be considered when seeking compensation. Many people that face a catastrophic injury can require rehabilitative treatment, the need to make adaptations to their home to accommodate the physical changes and may even have to change their profession if they are able to work at all. While all cases should have the attention of a professional, these cases can have an even greater need for legal guidance and those that try to go at it alone may deal with retaining a lower amount of compensation than they have a right to.

Should I take a settlement?

Before you agree to a settlement, it should be reviewed by a reputable lawyer. Insurance companies are often going to give you less than you deserve and you need to be protected from being taken advantage of. An attorney can review the settlement deal to assess if you should fight for more. If a settlement is not enough, the case may require litigation.

Do I need an attorney?

In a personal injury case it is best that you do work with the representation of a lawyer. There is a lot on the line in these cases and you want to increase your chance of a successful resolution as much as possible. You can do this through having someone there to investigate the accident, review any settlement deals, make sure documents are filed correctly and dealing with any legal details of a case from start to finish.

Any legal case will have a lot of complex issues involved and without the extensive experience that a lawyer has, you can find the case far more challenging and may end up with a significantly reduced outcome. An attorney can take on your case right after the accident, they can start seeking any information that will work in your favor and can work with other professionals to increase your chance of retaining the full amount of damages.