FLORIDA PERSONAL INJURY LAW FAQS

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How a personal injury claim works is not something most people think about until they actually need to file one. The laws surrounding personal injury claims in Florida can often be confusing and complicated and may leave you with plenty of questions. The expert personal injury lawyers at Calandro Law are here to answer your questions.

Here are some of the most frequently asked questions we get about personal injury accidents. If you are not able to find the answer you are looking for here, please contact us at (813) 563-6463 or schedule a free case evaluation to speak with an attorney today.

Florida Personal Injury Law Frequently Asked Questions (FAQs)

WHAT QUALIFIES AS A PERSONAL INJURY?
A personal injury is qualified as a harmful act to a person or persons as a result of someone else’s negligence. There are many different types of personal injury cases, making the laws surrounding personal injuries quite complex. The personal injury practice areas Calandro Law specializes in include:
WHAT SHOULD I DO AFTER A PERSONAL INJURY ACCIDENT?
  • ISeek emergency medical care immediately in the case of severe injury to you or other parties involved in the accident.
  • ITake photos and videos of the scene and your injuries.
  • IGather a list of witnesses and contact information for witnesses, parties involved in the accident, and first responders.
  • IRecord your account of what happened.
  • IMake an official police report.
  • IDo not admit fault or apologize to anyone involved in the accident.
  • IIf you were able to walk away from the accident on your own, get a medical evaluation as soon as possible, even if you do not feel injured.
  • ISpeak with an attorney to discuss your options. Calandro Law offers FREE case evaluations.
HOW DO I KNOW IF I HAVE A CASE?
If you or a loved one has been injured as a result of someone else’s negligence, you may have grounds for a personal injury case. However, you must be able to prove two main points:

1. That you or a loved one were actually injured.
2. That the person(s) or party you are filing a claim against was actually responsible.

Calandro Law will evaluate your case for free and let you know if you have a good case for a personal injury claim based on the facts of the accident.

IS THERE STILL A CASE IF I DO NOT FEEL HURT?
You may still have a case even if you do not immediately feel injured after an accident. Accidents can be traumatic events that send adrenaline coursing through your body. This rush of adrenaline may prevent you from noticing certain injuries until hours or even days later.

It is always best to get a medical evaluation as soon as possible after an accident even if you do not feel injured. They may be able to identify an injury before it becomes worse, helping the healing process. Additionally, seeking medical attention immediately can help strengthen a personal injury claim.

CAN I FILE A PERSONAL INJURY LAWSUIT WITHOUT AN ATTORNEY?
You are able to file a personal injury lawsuit in Florida without a personal injury lawyer. However, this is not a recommended course of action. The job of an insurance adjuster managing a claim is to save the insurance company money. They specialize in getting people to agree to the lowest possible settlements possible.

A personal injury attorney knows how to deal with insurance companies and the tricks they may use to get you to agree to an unfair settlement. It is in your best interest to have an expert personal injury attorney handle your case.

WHEN SHOULD I CONTACT A PERSONAL INJURY ATTORNEY?
If you have been injured in an accident due to someone else’s negligence, you should contact a personal injury lawyer right away. Your case evaluation is always free at Calandro Law and we can tell you what your legal options are going forward. Waiting to get an attorney involved in the case can make their investigation into the accident more difficult and can allow for the statute of limitations to expire.
HOW MUCH DOES A PERSONAL INJURY LAWYER COST?
One reservation many people have in hiring a personal injury lawyer is they believe it will be too expensive. In fact, most personal injury firms do not charge their clients anything unless they win the case. Your attorney will take a small percentage of your settlement amount as their payment in the event of a successful claim. They may also use some of the settlement to cover any expenses they put up to move your case forward.

If you have any questions about how payment for your case works at Calandro Law, your attorney will be happy to discuss payment with you. Keep in mind that people almost always get larger settlements with personal injury lawyers on their side.

WHAT DOCUMENTS SHOULD I BRING TO MEET WITH A LAWYER?
It is always best to bring as much relevant information as you can when meeting with an attorney. The more information on the case your lawyer has, the better they can evaluate the case. Documents you should bring when meeting with a lawyer include:
  • IPolice reports/accident reports
  • IMedical reports from doctors and/or hospitals
  • IWitness accounts of the accident
  • IInsurance information, including insurance information for any other parties involved
  • IPhotos or videos of all relevant injuries and/or damage
  • IAny personal accounts of the accident
If you are unable to obtain all of this information on your own, your lawyer may be able to help you gather any important documents for your case.
HOW MUCH IS MY CASE WORTH?
The value of your case will depend on a number of factors, such as the severity of injuries, impact on the ability to work, and emotional pain and suffering. Your personal injury attorney cannot guarantee the value of your case but they can give you an estimate based on similar cases they have handled. Additionally, your attorney will need to look at what you can actually expect to collect from the at-fault party should a settlement be awarded.
HOW LONG DO I HAVE TO FILE A PERSONAL INJURY CLAIM?

There may be different statutes of limitations depending on the type of personal injury case being filed. However, for most personal injury accidents in Florida, you will have four years from the date of the accident to file a personal injury claim. You will no longer be able to sue for your injuries after those four years unless you obtain a special exception to the Florida statute of limitations.

HOW DO I AFFORD MY MEDICAL BILLS/LOST WAGES BEFORE A SETTLEMENT?
Most people worry about how they will pay medical bills or support themselves if they cannot work while they are pursuing a settlement. This is a valid concern. Your personal injury protection may help cover your costs in a motor vehicle accident. You may also be able to rely on health insurance coverage or medical payment coverage for your medical bills. Accidents that occur on the job should be paid for through worker’s compensation.

If you do not have health insurance and cannot afford your medical bills, an attorney can help you find a doctor that will treat you with an agreement for payment to be made out of your settlement. Insurance companies may also be entitled to reimbursement for coverage once a settlement is reached.

CAN I STILL GET COMPENSATION EVEN THOUGH FLORIDA IS A NO-FAULT STATE?

Florida is a no-fault state when it comes to motor vehicle accidents. This requires all drivers to carry personal injury protection (PIP) that covers them up to $10,000 in the event of an accident, regardless of who was at fault. This does not mean you cannot hold the responsible party accountable after an accident.

PIP insurance is a great way to cover immediate medical costs if you are injured in a car accident. It does not cover passengers injured in an accident though and is often not enough to cover the costs associated with serious injuries. A personal injury attorney can help you obtain the full compensation you are entitled to for your injuries and suffering.

HOW LONG DOES IT TAKE TO REACH A SETTLEMENT?
The length of time it takes to resolve a personal injury case is unique to each case. Some cases can be resolved in a manner of weeks while others may take years. A complex case with multiple parties involved and where fault may be harder to determine will usually take much longer than a case that is cut-and-dry. You should also keep in mind that although your attorney will advise you, it is ultimately up to you whether or not to accept or reject a settlement.
WHAT HAPPENS IF MY CASE GOES TO TRIAL?
The vast majority of personal injury cases are settled out of court before the case goes to trial. Cases usually only go to trial when the parties involved are in dispute and cannot reach a settlement. The better case you can build for your injury claim, the better chance you have of avoiding trial.

If your case goes to trial, your attorney can advise you on what to expect at trial and prepare you to proceed.

WHAT IS THE AVERAGE SETTLEMENT IN A PERSONAL INJURY CASE?
The average settlement amount for personal injury cases is between $3,000 and $75,000. Large settlement amounts of millions of dollars are what usually make headlines. The reality is that most personal injury cases are settled for much less. Your personal injury attorney will evaluate your case and can give you an estimate of what you may expect your case to be worth.