DO I HAVE A CLAIM FOR PERSONAL INJURY?
Common types of injuries:
I WAS INJURED AS A RESULT OF THE NEGLIGENCE OR ACTIONS OF OTHERS. WHAT NOW?
- Report the accident or incident. It is important to report the accident or incident immediately, to memorialize important information, such as the date, time, location, conditions (weather, lighting, wet or dry surface, etc.), and any witnesses (first and last names, address, and phone number).
- Seek medical treatment immediately. It is important to seek medical treatment immediately to document your injuries. Any delay in treatment may be used by the insurance company against you. They will either argue that you were not injured or were injured from something other than the accident or incident you are claiming.
- Contact an experienced personal injury attorney. It is important to contact an experienced personal injury attorney as soon as possible so that the attorney can gather facts to support your claim. Evidence to support your claim can be lost or even destroyed if not preserved timely. For example, surveillance video is typically only kept for a certain period of time before it is recorded over. If the surveillance video is recorded over, then this vital piece of evidence is gone forever. Once you’ve contacted an experienced personal injury attorney, provide them with all of the information you already have collected.
- Keep detailed notes. Personal injury claims can often times take months or even years. It is important to keep detailed notes to help you remember important information that supports your claim. This can include pictures, such as injuries, damage to your car, etc. It is human nature that over the course of time our memory fades and we forget things. Insurance companies often try to exploit this, but a detailed log and constant communication with your attorney will avoid this pitfall.
WHO WILL PAY MY MEDICAL BILLS?
HOW MUCH IS MY CLAIM FOR PERSONAL INJURY WORTH?
WHAT CAN I RECOVER FOR MY INJURIES?
The Florida Civil Jury Instructions outline the elements for personal injury damages. Commonly, you can recover compensation for your past medical expenses, the reasonable value of any future medical expenses, lost earnings, lost time, lost earning capacity, past pain and suffering, future pain and suffering, mental anguish, inconvenience, and loss of capacity for the enjoyment of life.
SHOULD I HIRE A PERSONAL INJURY ATTORNEY?
HOW MUCH DOES A PERSONAL INJURY ATTORNEY COST?
Attorneys in the state of Florida are governed by the Florida Bar. Rule 4-1.5, Fees and Costs for Legal Services outlines the types of fees that attorneys can charge. Personal injury attorneys work on a “contingency fee” agreement, meaning you don’t owe your attorney a dime unless they make a recovery for you. Personal injury attorneys will also cover the costs of bringing your claim. Those costs can be a few hundred dollars to thousands of dollars depending on the complexity of the case and whether litigation is required.
HOW LONG WILL IT TAKE TO RESOLVE MY PERSONAL INJURY CLAIM?
WHAT ARE THE STEPS OF A PERSONAL INJURY CLAIM?
- File a claim for personal injury. Simply, this means putting the at-fault party on notice. If you hire an attorney, your attorney will send a letter of representation to the at-fault party, putting them on notice of your claim and requesting their insurance information.
- Pre-suit Demand. Once you have completed your medical care and treatment, you present a demand to the at-fault party outlining liability, your injuries, the medical care and treatment you have received to date, the amount of your medical bills, the medical care you will require in the future, and lost wages.
- File Suit. If you are unable to settle your claim pre-suit, then you file a Complaint suing the at-fault party. The lawsuit is typically filed in the county where the accident or incident happened or where the at-fault party resides.
- Discovery. After a lawsuit is filed, the parties participate in discovery. During the discovery phase, you will be asked to complete written discovery, sit for a deposition, and present for a compulsory medical examination.
- Mediation. Once the discovery process is complete, the parties participate in mediation. An unbiased third, party, acts as a mediator to see if the parties are able to compromise and reach a settlement without the necessity of a trial. The costs of the mediator are typically shared equally by the parties.
- Trial. If the parties are unable to reach a settlement at mediation or prior to trial, the final step is a trial. A jury is selected to hear the evidence in your case and then ultimately decides the issues in your case. However, you can still settle your case during and even after trial.
WHY HIRE KMW for your personal injury claim?
The experienced team of attorneys and staff at Keller, Melchiorre & Walsh have handled every type of personal injury claim from start to finish. We have the necessary resources to investigate your claim and the knowledge and skill to present your case in a way to maximize your recovery. Click here to read what our clients say about us and click here to see our recent results. We routinely handle personal injury cases in South Florida and the Treasure Coast including Palm Beach, Broward, Miami-Dade, Martin, St. Lucie, and Indian River counties and throughout the State of Florida. If you or a loved one has been injured or harmed as a result of the negligence or actions of others, call us now for a free strategy session to learn how we can help you.