Personal Injury law faq
Injury Attorneys in Miami, Ft. Lauderdale & West Palm Beach
Do I need an Attorney?
It is often necessary to have an attorney to receive fair treatment, regardless of the type of accident. Insurance companies are businesses with the goal of saving themselves money. They make their decisions on claims with meeting their business goals in mind. The adjusters are employees of the insurance companies and often act in their employers’ best interest and not in the interest of the person who suffered the personal injury. An attorney can legally fight the insurance companies for you and will know the value of your claim.
What do I do after an accident?
The first thing you should do is report your accident to your own insurance company. However, you should not give a statement to your insurance company until after consultation with an attorney. These statements are usually recorded and can be used against you later if you worded something incorrectly. If you are asked to make a statement, politely tell the insurance representative that you will call back at a more convenient time and then contact your attorney.
Will I have to go to court?
If the insurance company agrees to pay what we have deemed your case is worth, then you do not have to go to court. If the insurance company refuses to pay the acceptable amount, then we will proceed in court. Unlike some other personal injury lawyers who may try to settle your claims quickly and avoid trial, we will go the distance to win your case. Our experienced injury attorneys will help you determine how much you are entitled to and we help see to it that you are duly compensated for your injuries and losses.
Do I pay taxes on the monies I receive for my injury?
Generally, you do not pay taxes on any monies received from personal injury litigation.
How long will it take to resolve my case?
Every case is unique and differs accordingly. Typically, vehicular accident cases and slip and fall cases are resolved in six to eighteen months. Medical malpractice cases, however, may take two to three years. Products liability cases may take even longer. However, we are highly motivated to move your case as rapidly as possible.
What damages can I recover?
You can recover your actual economic losses such as the costs of reasonable and necessary medical care, property damage, car rental expenses, costs of domestic services, and loss of earnings. The law allows compensation for future medical and care expenses that the claimant can prove will be reasonably necessary to treat the injury. The claim may include income the claimant can prove will probably be lost in the future because of the injuries. Loss of earning capacity is also allowed when the patient proves he or she is less able to earn a living as a result of the injuries
You are also entitled to noneconomic damages for physical pain and suffering, mental and emotional suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, etc. There is no definite standard of calculating reasonable compensation for these types of damages other than being just and reasonable in light of the evidence.
In certain instances, damages may be awarded to families of injured claimants for loss of care, companionship, love, and affection. Family members can be compensated for the wrongful death of a loved one. These damages may include medical and burial expenses, loss of income that would have supported the family members, emotional suffering, and loss of the pleasures of the family relationship. Punitive damages are intended to punish a defendant for reckless or malicious behavior and are only awarded in rare cases.
