When someone is injured due to the wrongful or negligent acts of another, it can be a frustrating and painful time in the victim’s life. Most of 
the time, these injuries could have been avoided, but now the victim must live with the inconveniences of modifying his or her life due to financial or physical restraints caused by the injury. Oftentimes, in order to recover financial losses incurred by the injury, the victim will consider pursuing a personal injury case.
If you’re considering filing a personal injury claim, here are four things you need to know.
- There are time limits to filing a personal injury case.
Florida limits the amount of time following an accident that the victim has to bring a case to seek compensation. This is known as the Statute of Limitations, and it’s different for each type of case. Due to these time limitations, it’s crucial that victims act quickly if they plan on filing a personal injury claim.
- Ask for a free consultation when first speaking with an attorney.
Once you have decided to pursue a claim, the next step is to request a consultation with an experienced attorney. Many personal injury attorneys, including the ones at Panter, Panter, & Sampedro, do not charge for the initial consultation. During this meeting, the attorney will ask you about your specific situation including information on the incident and insurance coverage to determine if you have a case. Furthermore, keep in mind that the victim must prove that negligence occurred so you can expect your attorney to ask for any evidence or records you have of the incident. If you decide to move forward with filing a claim, the attorney should also explain to you what to expect in the subsequent steps, what the rules of the law are, how insurance coverage may impact your claim and other issues that will affect your case.
- You should not have to pay upfront.
The next thing to know about the process of a personal injury case is that you should not have to pay your attorney up front or during the process. Most personal injury attorneys work on a contingency basis, meaning that payment to them is contingent upon you making a financial recovery. In general, attorneys can get up to one-third of the gross amount of a pre-suit settlement or 40% of the gross settlement recovery once a Defendant files an answer to a lawsuit. These rules are regulated by the Florida Bar.
Furthermore, keep in mind that because personal injury attorneys are not paid until there is financial compensation made to the victim, many attorneys must be selective of the cases they agree to take on. A claim must be strong enough to hold up in court and large enough to ensure that the victim will get fair compensation for his or her injuries and financial stress due to the accident. Your attorney should be honest with you about the merits and strength of your case from the beginning.
- You may settle your case, but also be prepared to take your personal injury case to trial.
Once you have retained an attorney, your attorney may submit a claim to the insurance company or responsible party for compensation related to your injuries. If a settlement that is beneficial to the victim cannot be reached outside of the courts, the case may go to trial.
Generally, attorneys will not try to resolve cases until the injured person has completed treatment; until there has been “maximum medical improvement;” or until the person has healed as much as possible following his or her injury. At this point, the attorney can gather the full medical records and expenses for the injured person in order to present the case in full.
Once a settlement agreement or payment verdict has been reached, the victim’s attorney will prepare a settlement or closing statement, which should outline payment of the plaintiff’s medical and legal expenses. After all the necessary expenses are paid, the attorney will disburse all funds including those due to the client.
Bringing a lawsuit against someone else can be both an incredibly stressful and complicated process. If you have suffered an injury due to the negligence of someone else in an accident, it is essential that you contact a personal injury attorney as soon as possible. The earlier you seek a consultation, the faster your attorney can work on your case. Contact Panter, Panter, & Sampedro to request your free initial consultation at 305-662-6178.
References:
Law, P. (2018, October 09). What is the timeline for a personal injury lawsuit? Retrieved from https://youtube.com/watch?v=2U9l72zbCrU&feature=youtu.be
Law, P. (2018, December 04). What does it mean to have a free consultation with a personal injury attorney? Retrieved from https://youtube.com/watch?v=ZZ6WHYUACpI
Law, P. (2018, December 04). What is a lawyer contingency fee? Retrieved from https://youtube.com/watch?v=1Sz45CLplJ0
Personal Injury Attorney Miami, Florida. (n.d.). Retrieved from https://panterlaw.com/personal-injury/
