Frequently Asked Questions About Personal Injury

A: To have a valid case, you generally must prove three things:

Negligence: The other party had a duty to act reasonably and failed to do so.

Causation: Their failure directly caused your accident or injury.

Damages: You suffered actual losses, such as medical bills, lost wages, or physical pain.

A: There is no "fixed" amount for a case. Compensation, known as damages, is typically calculated based on:

Economic Damages: Measurable costs like hospital bills, physical therapy, and lost income.

Non-Economic Damages: Less tangible losses like pain and suffering, emotional distress, and loss of enjoyment of life.

A: This is governed by the Statute of Limitations, which varies by state and the type of injury. In Florida, you have 2 years from the date of the accident to file a lawsuit. If you miss this deadline, you will likely lose your right to sue forever.

A: Most personal injury lawyers work on a contingency fee basis. This means:

You pay $0 upfront.

The lawyer only gets paid if they win your case.

The fee is typically a percentage (often 33% to 40%) of the final settlement or court award.

A: Usually, no. About 95% of personal injury cases are settled out of court. However, if the insurance company refuses to offer a fair settlement, your attorney may recommend taking the case to trial to get the compensation you deserve.

A: Yes, Florida uses the modified comparative negligence rule. For example, if you are found 20% at fault for an accident and your total damages are $100,000, you would receive $80,000 (the total minus your 20% share of fault). However, you may only recover if you are 50% or less at fault for the accident.

A: No. You should avoid giving a recorded statement or signing anything from the "at-fault" party's insurance without a lawyer. Insurance adjusters are trained to find ways to lower the value of your claim or trick you into admitting fault.

A: Your actions in the first few hours are critical:

Seek Medical Care: Even if you feel fine, some injuries (like whiplash or internal bleeding) take days to appear.

Document the Scene: Take photos of the damage, the area, and your injuries.

Gather Info: Get contact details from witnesses and a copy of the police report.

Avoid Admitting Fault: Don’t apologize or say "I'm okay" at the scene.

A: The timeline varies wildly. A simple case might settle in 3 to 6 months, while complex cases involving severe injuries or litigation can take 1 to 3 years. It is often best to wait until you have reached "Maximum Medical Improvement" (MMI) so you know the full cost of your care.

A: While you aren't legally required to have one, studies consistently show that people with legal representation receive significantly higher settlements—even after the lawyer’s fees are deducted. A lawyer handles the paperwork, negotiations, and legal deadlines while you focus on recovery.