Frequently asked questions
Our clients often have questions regarding their personal injury case. Below is a list of common questions and answers. If you have any further questions about your case or need to consult a personal injury attorney in Miami, FL, feel free to contact our law firm for a free case review.
What types of personal injury cases do lawyers work on?
Personal injury lawyers work on a wide range of cases, including auto accidents, boating accidents, slip and fall, premises liability, brain & spinal cord injuries, medical malpractice, dog bites, workers' compensation, and wrongful death. Most cases involve instances where the injury was an accident, and there was no intent to harm. A claim may involve parties such as individuals, companies, organizations, or employers.
What should I do immediately after an accident?
The first thing you should do after an accident is to seek medical attention. Make sure you seek professional medical care from a licensed caregiver or at a healthcare facility. Do not attempt to heal yourself or allow a non-licensed person to provide medical attention. This can hurt your case down the road if you decide to file a claim.
How do I know if I have a case?
If another party's actions or negligence caused your injuries and subsequent financial losses, then you may have a case. You may want to consult a personal injury lawyer in Miami, FL. They can discuss your accident, answer your questions, and go over your legal options.
How do I prove that I have a case?
In a personal injury case, you have to establish fault and liability by providing proof. You can offer evidence such as photos, videos, eyewitness testimony, expert testimony, police reports, or medical documents.
What can I claim as damages in a personal injury case?
You can claim economic damages such as medical expenses, disability, or lost pay. You may also be eligible to claim non-economic damages such as emotional distress, pain & suffering, loss of consortium (companionship), or diminished quality of life. In some cases of reckless behavior or intentional neglect, you may be able to file a lawsuit for punitive damages.
Who pays for my medical expenses or other damages?
Although another party is at fault for your damages, compensation liability typically rests with their insurance company. The insurance company will request proof of fault and then pay out based on their assessment of the value of your case. Keep in mind that you do not have to accept the insurance company’s first offer. You can challenge the settlement or file a lawsuit against the company if they reject your claim or are not willing to settle.
What is the difference between a claim and a lawsuit?
If you have never been in a personal injury case, the term, lawsuit, can be confusing. When you first file a claim against an insurance provider, your claim goes directly to the company. An insurance adjuster reviews your case and decides to reject the claim or offer a settlement. If they reject the claim or refuse to settle, you may file a lawsuit and take your case to a local Florida court.
Is it possible to file a lawsuit and bypass the claims process? Yes, it is. However, you may spare yourself a lengthy court process, public scrutiny, and a massive expense if you settle your case out of court. Working directly with the insurance company through your attorney is typically in everyone’s best interest – primarily yours.
Should I join a class suit or pursue compensation individually?
There are a lot of factors that determine whether you should join a class-action suit. The most important factor is whether you can win your case alone or inside a class action suit. Furthermore, you need to assess the value of your case and how best to pursue a fair settlement.
What if I get injured at work?
If you get injured at work, you will likely settle your claim through workers’ compensation. If you go through workers’ compensation, you may not be eligible to file a personal claim against your employer or their insurance company. However, if a coworker is responsible for your injuries, you may be able to file a claim against that person in addition to workers’ compensation.
What is the statute of limitations for personal injury cases in Florida?
The statute of limitations for personal injury cases in Florida is four years from the date of the accident, according to Florida Statutes section 95.11(3)(a). Once the deadline passes, you may no longer be eligible to file a claim.
Should I hire a personal injury lawyer in Miami, FL
It is possible to file a claim for a personal injury without a lawyer. However, an attorney may give you the legal leverage you need to get a fair settlement. If you do not understand the legal system or how insurance companies work, you may receive less than you deserve. If you are recovering from severe injuries and you can’t get out of bed, a legal team can get your claim started right away and go to work on your behalf.
What is the fee structure for legal services?
Most lawyers work on a contingency fee. If you win your case, the fee is a percentage of your settlement or the amount you are awarded in court. Your lawyer will discuss all fees in your initial consultation so that you can decide if you want to move forward with the case.
How do I know if I can trust my personal injury lawyer?
There are several ways that you can vet a qualified and reputable personal injury lawyer in Miami, FL. Check with the Better Business Bureau (BBB). Go online and look for client ratings and reviews. You can also get references from friends, family, or coworkers.
Meet with the attorney and ask essential questions. Discuss fees, procedures, paperwork, and what you can reasonably expect from the case. Find out about the law firm's previous cases and its overall track record. Last, make sure that you hire an attorney that has worked on cases relevant to yours. Your lawyer should be licensed to practice personal injury law in the state of Florida.