In a recent blog, we began a short series answering the most common personal injury questions we hear. Read Part 1 by clicking this link – and enjoy today’s entry.
Personal Injury – Common Questions
What Types of Damages Can I Claim? In Florida personal injury cases, damages are categorized into economic and non-economic types. Economic damages cover quantifiable losses like medical bills, lost wages, and property damage. Non-economic damages are intangible and include emotional distress, pain, suffering, and similar losses. Some cases may also warrant punitive damages if the court finds the other party has acted designed to punish one party for their reckless or irresponsible behavior that goes beyond the norm.
How Do Florida’s No-Fault Insurance Laws Affect My Case? Florida’s auto accident and insurance system is no-fault, meaning your own insurance covers initial medical expenses and lost wages, even if the other person is wholly at fault. However, if your injuries can be classified as severe and meet specific criteria, you can file a personal injury lawsuit lawsuit against the at-fault party to recover additional compensation.
Should I Talk to the Other Party’s Insurance Company? It’s advisable to avoid speaking directly with the other party’s insurance company. They may attempt to minimize your claim or use your statements against you. Instead, direct all communication through your personal injury lawyer, who will protect your interests and negotiate on your behalf.
How Much Does It Cost to Hire a Personal Injury Lawyer? While you may find some lawyers that take on cases through a flat fee, this is not the norm. Most personal injury lawyers work on a contingency fee, meaning you pay no upfront costs, and the lawyer’s fees are a percentage of the settlement or award you receive. If you don’t win the case, you generally owe nothing. Some firms may charge for expenses like filing fees or expert witnesses, so discussing all potential costs upfront is important to get a feel for who you are working with.
What is Comparative Negligence? Florida’s system is a ‘pure comparative’ negligence system. Each party’s level of fault is determined, and the plaintiff’s compensation is reduced proportionally. For example, if you are found to be 25% at fault and the total damages are $10,000, you would receive $7,500. Reducing your fault level will, therefore, considerably impact your overall settlement amount.
How Long Does The Average Personal Injury Case Take? The duration of a personal injury case in Florida can not be estimated without an understanding of a wide variety of factors. Some cases are complex, some are straightforward, and sometimes, insurance companies refuse to come to the table. Each case has the possibility to drag on, and attorneys are unable to make any guarantees regarding timeframes. Cases can be resolved in a few months if they are straightforward, but more complex cases may take years. Cases that settle out of court are generally much faster than cases that require court intervention.
Can I Claim Personal Injury Damages for a Workplace Accident? In Florida, workplace injuries are generally covered by workers’ compensation, which limits your ability to file a personal injury claim against your employer. However, if a third party, such as a contractor or equipment manufacturer, contributed to your injury, you may be able to file a personal injury claim against them for additional compensation.
What Happens If I Was Partially At Fault? As mentioned, if you are partially at fault for your injuries in Florida, your compensation will be reduced by your percentage of fault due to the state’s comparative negligence rules. However, you should never hesitate to reach out to a lawyer, even if you suspect you may be partially at fault. After hearing more about your situation, an attorney can recommend the best course of action.
We have one more blog to finish out our series of questions – please come back and read them next week! If you have any of these common questions about your situation, the attorneys at Probinsky & Cole are here to help. Call today if you need an experienced personal injury or immigration attorney.
